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BUCHANAN v. STATE

No. 576S157.

348 N.E.2d 394 (1976)

Henry Thomas BUCHANAN, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 1, 1976.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Eugene C. Hollander, Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellee.

[1] OPINION ON ORDER DENYING APPELLANT'S PETITION TO TRANSFER

[2] HUNTER, Justice (concurring).

[3] I am in agreement with the majority that the decision by the Court of Appeals, 336 N.E.2d 654 be affirmed. However, in my opinion this Court should unequivocally disapprove of the use of the instruction:

"In consideration of the rights of the defendant, do not forget that by each acquittal of a criminal, the safeguards...

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