MADDEN v. STATE

No. 773S133.

328 N.E.2d 727 (1975)

Melvin E. MADDEN, Jr., Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 3, 1975.


Attorney(s) appearing for the Case

C. Jack Clarkson, Rushville, Don Hubert Wickens, Greensburg, for appellant; James K. Gaynor, Greensburg, of counsel.

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


PRENTICE, Justice.

Defendant (Appellant) was convicted of murder in the second degree and sentenced to imprisonment for a term of not less than fifteen years nor more than twenty-five years. The conviction rests upon the validity of a search warrant which was predicated upon a purported showing of probable cause by an affidavit based upon hearsay information, rather than upon facts within the knowledge of the affiant. The State has acknowledged in oral argument that...

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