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BURTON v. STATE

No. 671S174.

292 N.E.2d 790 (1973)

Samuel BURTON, Jr., Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied May 2, 1973.

Attorney(s) appearing for the Case

James L. Brand, Greenfield, for appellant.

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

HUNTER, Judge.

This is an appeal by Samuel Burton, Jr., appellant (defendant below) from a conviction in the Henry Circuit Court for first degree murder (felony murder). The Marion County Grand Jury charged the defendant with first degree murder on August 21, 1969. The indictment consisted of two counts — one for first degree murder and the other for felony murder. The defendant was tried by a jury, which returned a guilty verdict on November 20, 1970. A motion...

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