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RUTLEDGE v. STATE

No. 2-1073A230.

329 N.E.2d 603 (1975)

James RUTLEDGE and Elbert Blair, Appellants, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

June 16, 1975.

Attorney(s) appearing for the Case

George T. Popcheff, Indianapolis, for appellants.

Theodore L. Sendak, Atty. Gen., Henry O. Stitler, Deputy Atty. Gen., Indianapolis, for appellee.

SULLIVAN, Presiding Judge.

James Rutledge and Elbert Blair were charged with Robbery, IC 1971, 35-13-4-6, Ind. Ann. Stat. § 10-4101 (Burns 1956), and tried before the court sitting without a jury. They were convicted of Assault and Battery with Intent to Commit a Felony, to-wit: Robbery, IC 1971, 35-1-54-3, Ind. Ann. Stat. § 10-401 (Burns Supp. 1974), and sentenced to terms of one to ten years. Rutledge and Blair appeal the overruling of their timely filed...

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