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STEVENS v. STATE

No. 1275S366.

357 N.E.2d 245 (1976)

John W. STEVENS, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 8, 1976.

Attorney(s) appearing for the Case

Gary L. Gerling, Daniel J. McGinn, Gerling & Moore, Evansville, for appellant.

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

ON PETITION FOR REHEARING

DE BRULER, Justice.

Appellant has petitioned for rehearing of his appeal, which we decided September 24, 1976 (reported at 354 N.E.2d 727, Ind.). His contention is that this Court failed to consider one of his assigned errors which was preserved and argued on appeal. The error arises from appellant's discovery, after the jury had been sworn and some evidence presented, that one of the jurors was...

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