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SUMPTER v. STATE

No. 1273S261.

306 N.E.2d 95 (1974)

Johnnie Marie SUMPTER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

January 22, 1974.

Attorney(s) appearing for the Case

John D. Clouse, Evansville, for appellant.

Theodore L. Sendak, Atty. Gen., Darrel K. Diamond, Deputy Atty. Gen., Indianapolis, for appellee.

OPINION ON PETITION TO TRANSFER

HUNTER, Justice.

The State of Indiana has petitioned this Court for transfer of the above cause. Defendant was convicted at trial for living in a house of ill fame. IC 1971, 35-30-1-1; Ind. Ann. Stat. § 10-4220 (1972 Supp.) The Court of Appeals reversed, holding that the prosecution failed to prove that the defendant was a female — a required element of the crime charged. 296 N.E.2d 131

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