STATE v. SMITH

No. 571S148.

297 N.E.2d 809 (1973)

STATE of Indiana, Appellant, v. Charles SMITH et al., Appellees.

Supreme Court of Indiana.

July 3, 1973.


Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Deputy Atty. Gen., for appellant.

Brunner, Brown & Brunner, Shelbyville, for appellee.


ARTERBURN, Chief Justice.

This appeal, filed May 28, 1971, from a highway condemnation award comes directly to this Court by virtue of IC 1971, 32-11-1-8 [Burns' Ind. Stat. Ann. § 3-1707 (1968 Repl.)] since present Appellate Rule 4, abrogating statutes providing for direct appeal to the Supreme Court of Indiana, had not yet become effective at the time of the perfection of this appeal.

The case began in April of 1959, when the state filed an action in...

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