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EMLER v. STATE

No. 670S135.

286 N.E.2d 408 (1972)

Ovel EMLER, Jr., Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied October 30, 1972.

Attorney(s) appearing for the Case

Charles W. Symmes, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Darrel K. Diamond, Deputy Atty. Gen., for appellee.

HUNTER, Justice.

This is an appeal by Ovel Emler, Jr., appellant (defendant below), from a conviction for second degree murder.* On March 31, 1969, an indictment was returned charging appellant with first degree murder. Appellant entered a plea of not guilty and trial to a jury commenced on January 12, 1970. The jury returned a verdict of guilty to second degree murder and appellant was sentenced...

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