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HARTWELL v. STATE

No. 3-1073A135.

321 N.E.2d 228 (1974)

Joseph L. HARTWELL, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

December 17, 1974.

Attorney(s) appearing for the Case

James P. Dunn, Fort Wayne, for defendant-appellant.

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

HOFFMAN, Chief Judge.

On November 13, 1972, defendant-appellant Joseph L. Hartwell was charged by affidavit with the crime of theft. See: IC 1971, 35-17-5-3, Ind. Ann. Stat § 10-3030 (Burns Supp. 1974). Following trial before a jury, Hartwell was found guilty as charged, ordered committed to the Indiana Department of Corrections for a period of not less than one nor more than ten years, and fined in the penal sum of $2,500, plus costs. Thereafter, his motion...

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