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McCHRISTIAN v. STATE

No. 3-1173 A 155.

312 N.E.2d 531 (1974)

Donald E. McChristian, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Third District.

June 19, 1974.

Attorney(s) appearing for the Case

Dale J. Myers, Public Defender of Allen County, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, for appellee.

GARRARD, Judge.

The defendant, upon trial by the court, was convicted of the crime of armed robbery and brings this appeal asserting that the decision was not sustained by sufficient evidence and was contrary to law.

The statute defining the crime of armed robbery reads as follows:

"Any person who being over sixteen [16] years of age, commits or attempts to commit any felony while armed with any dangerous or deadly weapon, or while any other person...

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