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SCHMIDT v. STATE

No. 1-972A66.

294 N.E.2d 638 (1973)

Robert SCHMIDT, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied May 23, 1973.

Attorney(s) appearing for the Case

Charles W. Symmes, James H. Voyles, Symmes, Fleming, Ober & Symmes, Larry J. Wallace, Indianapolis, for defendant-appellant.

Theodore L. Sendak, Atty. Gen. of Indiana, Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

ROBERTSON, Presiding Justice.

Defendant-appellant (Schmidt) was convicted by a jury of theft by deception and sentenced accordingly by the Hancock Circuit Court. A motion to correct errors was thereafter filed on behalf of Schmidt and subsequently overruled, from which ruling he brings this appeal. Schmidt's claim of error on appeal is directed primarily to the propriety of the trial court's action in granting the State a jury trial over Schmidt's objection, and to...

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