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SWININGER v. STATE

No. 975S232.

352 N.E.2d 473 (1976)

Wayne SWININGER and Larry M. Thomas, Appellants (Defendants below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

August 10, 1976.

Attorney(s) appearing for the Case

William R. Wilson, Harry L. Zerbe, Lawrenceburg, Bobby Jay Small, Indianapolis, for appellants.

Theo. L. Sendak, Atty. Gen., Walter F. Lockhart, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Defendants (Appellants) were convicted in a joint trial to a jury of (1) inflicting injury in the commission of a robbery1, (2) commission of a felony (robbery) while armed2, and (3) assault and battery3.

All charges arose from the armed robbery of Vearl Hertel, at his package liquor store in the town of Brookville, Franklin

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