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FELTS v. STATE

No. 2-273A44.

298 N.E.2d 462 (1973)

Henry FELTS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

July 5, 1973.

Attorney(s) appearing for the Case

Palmer K. Ward, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., for appellee.

SHARP, Judge.

The Appellant was charged by way of Amended Affidavit of the offense of Second Degree Burglary under IC 1971 35-13-4-4, Ind. Ann. Stat. § 10-701 (Burns 1956 Repl.). Said affidavit alleged:

"BE IT REMEMBERED, That, on this day before me, NOBLE R. PEARCY Prosecuting Attorney of the Nineteenth Judicial Circuit, personally came CHARLES EZELL who, being duly sworn, upon his oath says that HENRY FELTS on or about the 17th day of JUNE, A.D. 1971...

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