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PAYNE v. STATE

No. 3-674A98.

343 N.E.2d 325 (1976)

Walter PAYNE, Jr., Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

Rehearing Denied May 26, 1976.

Attorney(s) appearing for the Case

John J. Roper, Chapleau, Roper, McInerny, Minczeski & Farabaugh, South Bend, for appellant-defendant.

Theodore L. Sendak, Atty. Gen., Douglas W. Meyer, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.

STATON, Presiding Judge.

A jury found Walter E. Payne, Jr. guilty of possessing marijuana which was in violation of IC 1971, 16-6-8-3(c) (Burns Code Ed.). Payne was fined $700.00 and sentenced to imprisonment for a term of not less than one (1) year nor more than ten (10) years. His motion to correct errors raises these issues on appeal:

(1) Should the initial issue of the voluntariness of Payne's waiver of rights and subsequent confession have been decided...

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