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OLSON v. STATE

No. 1-473A64.

304 N.E.2d 830 (1973)

Donald O. OLSON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied January 16, 1974.

Attorney(s) appearing for the Case

William G. Smock, Terre Haute, for defendant-appellant.

Theodore L. Sendak, Atty. Gen. of Ind., Stephen M. Sherman, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

LOWDERMILK, Judge.

Defendant-appellant was charged by affidavit with theft of over $100.00, for the taking of an automobile. The case was tried to a jury which returned a verdict of guilty and the court timely passed sentence thereon.

The first issue presented for review pertains to the court's giving State's Instructions numbered 2 and 3, which are as follows, to-wit:

State's Instruction No. 2: "It is not necessary that all incidental or...

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