McCAULEY v. STATE

No. 2-873A173.

311 N.E.2d 430 (1974)

Caleb Eugene McCauley, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

May 23, 1974.


Attorney(s) appearing for the Case

David F. McNamar, Steers, Klee, Sullivan & Lemay, Indianapolis, for appellant.

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


ON PETITION FOR REHEARING

BUCHANAN, Judge.

Appellant (McCauley) alleges in his Petition For Rehearing that the issue of whether or not the State failed to prove the victim was "another human being" within the meaning of I.C. 1971, 35-13-2-1, Ind. Ann. Stat. § 10-401a (Burns 1973 Supp.), may be raised for the first time upon appeal.

Our opinion stated that this issue was waived because the Motion to Correct Errors was silent on this point.

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