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HOLLOWELL v. STATE

No. 170S11.

256 Ind. 467 (1971)

269 N.E.2d 755

DAVID ARNOLD HOLLOWELL v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied August 3, 1971.

Attorney(s) appearing for the Case

Donald D. Chiappetta, of Muncie, for appellant.

Theodore L. Sendak, Attorney General, J. Frank Hanley, Deputy Attorney General, for appellee.

DeBRULER, J.

This is an appeal from a conviction in the Delaware Circuit Court. Trial was had by jury and the appellant was convicted of First Degree Murder, felony murder, pursuant to I.C. 1971, 35-13-4-1, being Burns § 10-3401, which states:

"Whoever purposely and with premeditated malice, or in the perpetration of or attempt to perpetrate a rape, arson, robbery, or burglary, kills any human being, is guilty of murder in the first degree, and on conviction...

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