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FULTZ v. STATE

No. 1275S375.

358 N.E.2d 123 (1976)

Robert Lee FULTZ, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 23, 1976.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, David P. Freund, Bobby Jay Small, Deputy Public Defenders, Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., James N. Shumacker, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Defendant (Appellant) was charged with First Degree Murder of a policeman and with the Commission of a Felony While Armed. He was convicted under the murder count of the lesser included offense of Second Degree Murder and sentenced thereon to life imprisonment. He was also convicted upon the armed felony count, for which he was sentenced to ten years imprisonment. His appeal to this Court presents five issues:

(1) The constitutionality of...

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