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STATE v. SIERP

No. 570S111.

292 N.E.2d 245 (1973)

STATE of Indiana, Appellant, v. Edward Russell SIERP, Appellee.

Supreme Court of Indiana.

Rehearing Denied March 30, 1973.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. at Law, Kenneth M. McDermott, Deputy Atty. Gen., for appellant.

Cooper, Cooper, Cooper, Cox & Jacobs by Curtis M. Jacobs, Madison, Johnson & Eaton by Phillips B. Johnson, Versailles, for appellee.

PRENTICE, Justice.

This is an attempted appeal by the State (Appellant) of a reserved question of law under the authority of the Acts of 1905, ch. 169, § 325 as amended by Acts of 1955, ch. 315, § 1; 1956 Repl.Burns Ind. Stat. Ann. § 9-2304; IC 1971, 35-1-47-2, which provides:

"Appeals to the Supreme Court may be taken by the state in the following cases: * * * * * * Fourth. Upon a question reserved by the state." ...

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