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REYNOLDS v. STATE

No. 3-672A8.

292 N.E.2d 290 (1973)

Robin Lee REYNOLDS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

February 14, 1973.

Attorney(s) appearing for the Case

Daniel A. Roby, Wyss, McCain, Mochamer, Roby, Ryan & Myers, Fort Wayne, for defendant-appellant.

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

HOFFMAN, Chief Judge.

The primary issue presented by this appeal is whether a criminal defendant is entitled to depose a police officer who will testify as the chief witness for the prosecution.

Defendant-Robin Lee Reynolds was charged by affidavit with the possession of marijuana. The affidavit was orally amended to charge a misdemeanor. See: IC 1971, 16-6-8-10, Ind. Ann. Stat. § 35-3338 (Burns Cum.Supp. 1972...

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