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WEBSTER v. STATE

No. 1-872A50.

296 N.E.2d 675 (1973)

Donald Wain WEBSTER, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

May 30, 1973.

Attorney(s) appearing for the Case

Woodrow S. Nasser, Terre Haute, for defendant-appellant.

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

ON PETITION FOR REHEARING

ROBERTSON, Presiding Judge.

Webster's Petition for Rehearing correctly observes that the opinion failed to discuss a portion of his argument regarding prejudice on the part of the trial judge in that the judge had heard Dove state that he could not identify Webster as his assailant. We are of the opinion that this contention, like the polygraph test, falls under the Amick case, supra.

Petition for rehearing denied...

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