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SHANK v. STATE

No. 3-772A30.

289 N.E.2d 315 (1972)

Alan Wayne SHANK, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied December 18, 1972.

Attorney(s) appearing for the Case

Thomas L. Ryan, Deputy Public Defender, Ft. Wayne, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., John McArdle, Deputy Atty. Gen., for plaintiff-appellee.

HOFFMAN, Chief Judge.

Three issues are presented in this appeal. The first issue is whether the conviction is sustained by sufficient evidence of probative value. The second issue is whether certain evidence was improperly admitted. The third issue is whether the trial court erred in refusing to credit the sentence of the defendant with the time he served while awaiting trial.

The defendant was charged by affidavit with the crime of theft. Trial was to the...

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