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JOY v. STATE

No. 1-1075A184.

346 N.E.2d 604 (1976)

Robert JOY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

May 11, 1976.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, David P. Freund, Deputy Public Defender, Bobby Jay Small, Indianapolis, for appellant.

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

LYBROOK, Judge.

Following trial by jury, defendant-appellant Robert Joy was convicted of theft of property one hundred dollars ($100) or more in value and sentenced to imprisonment for not less than one nor more than ten years. IC 1971, 35-17-5-3, 35-17-5-12(3) (Burns Code Ed.). His appeal presents the following issues for review:

(1) Whether the court erred in refusing to instruct the jury that theft of property under one hundred dollars ($100) in value...

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