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EMERSON v. STATE

No. 271S43.

305 N.E.2d 435 (1974)

Richard A. EMERSON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

January 8, 1974.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender of Indiana, Malcolm K. McClintick, Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

This is a belated appeal filed by permission of this Court under Post-Conviction Rule 2, § 2.

Defendant (Appellant) was convicted April 3, 1970 of murder in the first degree. The homicide occurred on May 11, 1968. His appeal presents the two following questions properly raised and preserved in the trial court.

I. Was it reversible error for the trial court to overrule the defendant's objection to action of the prosecuting attorney...

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