KIRK v. STATE

No. 770S151.

256 Ind. 480 (1971)

269 N.E.2d 751

WILLIAM H. KIRK v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied September 13, 1971.


Attorney(s) appearing for the Case

Anthony V. Luber, of South Bend, for appellant.

Theodore L. Sendak, Attorney General, Robert F. Colker, Deputy Attorney General, for appellee.


GIVAN, J.

The appellant was charged with second degree burglary. Later an additional count of automobile banditry was added to the charge. Trial was had by jury. Before submission to the jury, the court sustained appellant's motion for acquittal as to the charge of second degree burglary. The remaining charge of automobile banditry was submitted to the jury resulting in a verdict of guilty as charged. Following this verdict the appellant was sentenced to the Indiana...

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