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WEBSTER v. STATE

No. 272S24.

302 N.E.2d 763 (1973)

James L. WEBSTER, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied December 26, 1973.

Attorney(s) appearing for the Case

Robert G. Mann, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN,* Justice.

Appellant was charged by affidavit in three counts: 1) inflicting injury in the commission of robbery; 2) assault and battery with intent to kill; 3) violation of the 1935 Firearm's Act. Trial by jury resulted in a finding of guilty as to counts 1 and 2. Appellant was sentenced to life imprisonment in the Indiana State Prison.

The record reveals the following facts:

On November 20, 1970, Gerald F. Leamon...

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