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RICHARD v. STATE

No. 873S148.

319 N.E.2d 118 (1974)

Hilton RICHARD, Jr., Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied February 3, 1975.

Attorney(s) appearing for the Case

John H. Sweeney, Sweeney, Fox, Sweeney, Winski & Dabagia, Michigan City, for appellant.

Theodore L. Sendak, Atty. Gen., John H. Meyers, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Judge.

Defendant (Appellant) was charged with murder in the first degree, murder in the second degree and voluntary manslaughter. He was convicted by jury of murder in the second degree and sentenced to imprisonment for an indeterminate term of fifteen (15) to twenty-five (25) years. His appeal presents four issues.

(1) The constitutionality of Acts of 1905, ch. 169, § 264, also being Burns Ind. Stat. § 9-1809, and IC 35-1-37-3, which...

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