PHILLIPS v. STATE

No. 2-874A188.

319 N.E.2d 863 (1974)

Richard PHILLIPS and Roger Wartham, Defendants-Appellants, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

December 16, 1974.


Attorney(s) appearing for the Case

Stephen J. Cuthbert, Lafayette, for defendants-appellants.

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


LOWDERMILK, Judge.

About 2 A.M. on June 18, 1973, a Mr. Merrill heard a thumping, banging, and breaking of glass at the American Club which was directly across the street from his home. Mr. Merrill immediately rushed to his automobile and drove two blocks to a drive-in and thereupon called the Lafayette Crime Alert. He then returned to his home, arriving at the same time that the police appeared at the club. Police officers observed a person running inside the club...

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