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MALECK v. STATE

No. 3-575A82.

352 N.E.2d 540 (1976)

Richard Allen MALECK, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied September 3, 1976.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Peter W. Bullard, Deputy Public Defender, Indianapolis, for defendant-appellant.

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

GARRARD, Judge.

Appellant Maleck was charged with assault and battery with intent to rape. He retained counsel and appeared for arraignment on May 8, 1973. The record indicates that he was at that time advised of his constitutional rights, and that he entered a plea of not guilty and waived trial by jury. Trial was set for June 8th but a continuance was granted until July 12th. On the 12th Maleck again appeared with counsel. He then sought leave to withdraw his prior...

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