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McCORMICK v. STATE

No. 373S51.

317 N.E.2d 428 (1974)

Gerald Dale McCormick, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

October 16, 1974.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, John R. Gerbracht, Deputy Public Defender, Indianapolis, for appellant.

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

ARTERBURN, Chief Justice.

The Defendant has filed a Petition for Rehearing. He contended in his appeal for post-conviction relief that he was receiving double punishment by reason of having been convicted for Rape (Count I) and Assault and Battery with Intent to Gratify Sexual Desires (Count II). He had been sentenced separately on both charges. In our original opinion we agree that the Defendant could not be sentenced on a lesser included offense after being adjudged...

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