HOPKINS v. STATE

No. 1-772A34.

291 N.E.2d 914 (1973)

Walter HOPKINS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

February 7, 1973.


Attorney(s) appearing for the Case

Joseph B. Barker, Kagan & Barker, Martinsville, for appellant.

Theodore L. Sendak, Atty. Gen., John McArdle, Deputy Atty. Gen., for appellee.


LYBROOK, Judge.

Defendant-appellant (Hopkins) was charged by affidavit with Theft, tried by court, found guilty and sentenced to the Department of Corrections for not less than one nor more than five years.

Hopkins' Motion to Correct Errors was overruled and he appeals. The sole issue is whether the evidence was sufficient to prove the necessary elements of the crime of Theft.

The evidence most favorable to the State revealed that on January 29, 1972...

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