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YEARY v. STATE

No. 171S12.

283 N.E.2d 356 (1972)

Ralph YEARY, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied August 8, 1972.

Attorney(s) appearing for the Case

O.B. Hanger, Hanger & Hafsten, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Mark Peden, Deputy Atty. Gen., for appellee.

DeBRULER, Justice.

The appellant in this case waived a jury trial and was found guilty of theft by deception in the Criminal Court of Marion County. The relevant portion of the indictment under which the appellant was charged states that he:

"committed the crime of theft in that he knowingly, unlawfully and feloniously obtained by deception, control over property of William Krout, to-wit: money of the value of...

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