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McALLISTER v. STATE

No. 2-973A195.

319 N.E.2d 866 (1974)

Alexander McAllister, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

December 12, 1974.

Attorney(s) appearing for the Case

Philip E. Tracy, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., William S. McMaster, Deputy Atty. Gen., Indianapolis, for appellee.

ON PETITION FOR REHEARING

BUCHANAN, Judge.

In addition to other evidence "substantially" supporting McAllister's conviction, the State makes reference in its Petition for Rehearing to "his surveillance of the house during the day ..." This is inaccurate.

The record reveals no basis even for an inference that McAllister placed his estranged wife's home under surveillance the day of the fire, or prior thereto.

According to his wife's testimony...

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