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AIKENS v. STATE

No. 472A199.

289 N.E.2d 152 (1972)

Marvin Lee AIKENS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied December 29, 1972.

Attorney(s) appearing for the Case

Frank E. Spencer, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., for appellee.

BUCHANAN, Presiding Judge.

CASE SUMMARY — Defendant-appellant Marvin Lee Aikens (Aikens) was convicted by a jury of Theft From The Person and seeks reversal because of a variance as to the date of commission of the crime in the State's Answer to Notice Of Alibi and the charging Affidavit. We affirm.

FACTS — The facts supporting the conviction are:

On January 25, 1971, an Affidavit charging...

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