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MATTHEW v. STATE

No. 172A49.

289 N.E.2d 336 (1972)

Charles MATTHEW, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

November 21, 1972.

Attorney(s) appearing for the Case

John M. Lyons, Lyons, Aungst & Guastella, Valparaiso, for appellant.

Theodore L. Sendak, Atty. Gen., William D. Bucher, Deputy Atty. Gen., for appellee.

SHARP, Judge.

The Defendant-Appellant, Charles Matthew, was charged by way of Grand Jury indictment in two counts. Count I alleged the offense of homicide while driving under the influence of intoxicating liquor within the meaning of I.C. 1971, 9-4-1-54, Ind. Ann. Stat. § 47-2001(b)(1) (Burns 1965), which, in pertinent part, provides:

"Any person who while under the influence of intoxicating liquor ... drives a vehicle and when so driving causes the...

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