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BROWN v. STATE

No. 572A228.

286 N.E.2d 201 (1972)

Russell Lee BROWN, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

August 17, 1972.

Attorney(s) appearing for the Case

Harold W. Myers, Fort Wayne, for appellant.

Theo. L. Sendak, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., William E. Voor, Jr., Pros. Atty., South Bend, for appellee.

HOFFMAN, Chief Judge.

The primary issue presented by this appeal is whether the crime of obtaining or exerting unauthorized control over a vehicle (IC 1971, 35-17-5-9, Ind. Ann. Stat. § 10-3036 (Burns 1972 Cum.Supp.)), is a lesser included offense of theft (IC 1971, 35-17-5-3, Ind. Ann. Stat. § 10-3030 (Burns 1972 Cum.Supp.)), when the offense charged is theft of an automobile. The pertinent facts are contained in the record before us as follows:

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