STATE v. HESLAR, EXTRX.

No. 970S216.

257 Ind. 625 (1972)

277 N.E.2d 796

STATE OF INDIANA v. MABEL KATHLEEN HESLAR, EXECUTRIX OF THE ESTATE OF OLA FRED HESLAR, ET AL.

Supreme Court of Indiana.

Filed January 20, 1972.


Attorney(s) appearing for the Case

Theodore L. Sendak, Attorney General, Robert F. Colker, Deputy Attorney General, for appellant.

Robert Lowe, Jr., Robert Hollowell, Jr., Lowe Linder Gray Steele & Wiles, of counsel, of Indianapolis, for appellee.


HUNTER, J.

Appellee Johnson Chevrolet Co., Inc., has petitioned for a rehearing in this cause. Appellee has raised two issues which were not discussed in our previous opinion. Johnson Chevrolet contends that since the appellant signed the judgment as approved it has no basis for appeal. We cannot agree. The situation is quite similar to that which arose in State v. Trotter (1938), 214 Ind. 68, 14 N.E.2d 550. It was there stated:

"Before the...

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