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ALLISON v. STATE

No. 2-173A14.

299 N.E.2d 618 (1973)

LeRoy ALLISON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied September 7, 1973.

Attorney(s) appearing for the Case

David L. Martenet, Indianapolis, for defendant-appellant.

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

SULLIVAN, Judge.

On February 17, 1972, defendant-appellant LeRoy Allison (Allison) was charged by affidavit with assault and battery with intent to commit murder [assault and battery with intent to kill, IC 1971, 35-13-2-1, Ind. Ann. Stat. § 10-401a (Burns 1972 Supp.)]. Said affidavit read insofar as pertinent:

"... that LeRoy Allison late of said County and State, on or about February 17, 1972, at and in...

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