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STATE v. LEE

No. 1-874A128.

331 N.E.2d 50 (1975)

STATE of Indiana, Appellant (Plaintiff below), v. Charles W. LEE, Sr., Appellee (Defendant below).

Court of Appeals of Indiana, In Banc.

July 17, 1975.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Darrel K. Diamond, Asst. Atty. Gen., Indianapolis, for appellant.

Rice & VanStone, William E. Weikert, Evansville, for appellee.

On Petition for Rehearing

LYBROOK, Judge.

Since our original opinion in this matter, 47 Ind.Dec. 257, 328 N.E.2d 745, Lee has filed (1) a motion to dismiss alleging lack of jurisdiction, and (2) a petition for rehearing alleging lack of jurisdiction and that our holding contravened a ruling precedent of the Supreme Court.

Relying upon IC 1971, 35-1-47-2, Ind. Ann. Stat. § 9-2304 (Burns Supp. 1974), Lee maintains...

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