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SUND v. STATE

No. 2-1073A235.

320 N.E.2d 790 (1974)

Jerry SUND, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

December 23, 1974.

Attorney(s) appearing for the Case

Loren J. Comstock, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., David A. Miller, Deputy Atty. Gen., Indianapolis, for appellee.

SULLIVAN, Presiding Judge.

Defendant-appellant Sund was charged with First Degree Arson. Following trial by jury, he was convicted of Fourth Degree Arson and was sentenced to a term of imprisonment for not less than one nor more than five years.

Upon appeal, Sund argues:

(1) That the crime of which he was convicted, Fourth Degree Arson, is not an offense necessarily included within First Degree Arson as defined by IC 35-16-1-1, Ind. Ann. Stat. §...

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