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LEWELLEN v. STATE

No. 176S4.

358 N.E.2d 115 (1976)

David Lee LEWELLEN, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 16, 1976.

Attorney(s) appearing for the Case

Vernon E. St. John, William M. Bache, Lafayette, for appellant.

Theodore L. Sendak, Atty. Gen., Elmer Lloyd Whitmer, Deputy Atty. Gen., Indianapolis, for appellee.

ARTERBURN, Justice.

The Appellant has filed a Petition for Rehearing contending that we overlooked a point properly raised on appeal, namely that there is a fatal variance between the pleadings, which allege a rape committed in Benton County, and the proof, which showed a rape committed in Warren County. The trial in this case was transferred from Benton County to Warren County, upon motion of the prosecutor, when it was determined that the crime in question was committed...

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