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RUBY v. STATE

No. 3-574A78.

335 N.E.2d 635 (1975)

Donovan RUBY, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

As Corrected on Denial of Rehearing November 14, 1975.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Peter W. Bullard, Deputy Public Defender, Indianapolis, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Lawrence B. O'Connell, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

HOFFMAN, Judge.

Petitioner-appellant Donovan Ruby was convicted of the crime of incest following a trial before a jury on July 14, 1965. On August 9, 1965, Ruby filed a pro se motion for a new trial. The trial court then appointed counsel to assist Ruby in presenting his motion for new trial and in taking an appeal. Thereafter, on March 3, 1967, Ruby appeared in person before the trial court and advised the court that he desired to abandon his right of appeal...

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