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BIRKLA v. STATE

No. 374S73.

323 N.E.2d 645 (1975)

Charles Ellis BIRKLA, Defendant-Appellant, v. The STATE of Indiana, Plaintiff-Appellee.

Supreme Court of Indiana.

February 26, 1975.

Attorney(s) appearing for the Case

Stephen C. Haas, Evansville, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., G. Philip Duckwall, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

HUNTER, Justice.

Defendant-Appellant Charles Ellis Birkla was indicted by the grand jurors of Vanderburgh County and charged with first degree murder (Count I) and first degree murder in the commission of a felony, to-wit: robbery (Count II). After trial by jury, appellant was found guilty of second degree murder under Count I and guilty as charged under Count II. Appellant was sentenced to a term of not less than fifteen years nor more than twenty-five years upon...

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