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ATKINS v. STATE

No. 3-473A36.

307 N.E.2d 73 (1974)

Howell ATKINS, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied April 11, 1974.

Attorney(s) appearing for the Case

Anthony V. Luber, South Bend, for appellant.

Theodore L. Sendak, Atty. Gen., Robert E. Dwyer, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

I.

STATEMENT ON THE APPEAL

South Bend Police received a call on May 31, 1972 that three men were acting suspiciously in a dark alley behind Goff Heating, Inc. located at 1417 South Michigan Street. It was 1:00 o'clock A.M. in the morning when the police squad car, with the headlights off, turned into the dark, dirt alley and saw Howell Atkins leaning against a handcart next to a trailer. Howell Atkins and two other men ran when they...

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