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CAPPS v. STATE

No. 371S60.

282 N.E.2d 833 (1972)

Robert CAPPS, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 2, 1972.

Attorney(s) appearing for the Case

William C. Erbecker, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Robert A. Smith, Deputy Atty. Gen., for appellee.

HUNTER, Justice.

This is an appeal by Robert Capps from a judgment in the Marion Criminal Court, Division One, convicting him of the crime of exerting unauthorized control over a vehicle in circumstances not amounting to theft. Appellant was indicted for the crime of Theft pursuant to IC 1971, 35-17-5-3, (Ind. Ann. Stat. § 10-3030 [1971 Supp.]), but was found guilty of the lesser included offense. Trial was to a jury, and upon conviction appellant was fined the...

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