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DEFRIES v. STATE

No. 975S223.

342 N.E.2d 622 (1976)

Harold E. DEFRIES, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

February 26, 1976.

Attorney(s) appearing for the Case

Ralph Bower, Stephen C. Bower, Kentland, for appellant.

Theodore L. Sendak, Atty. Gen., Robert E. Dwyer, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

Appellant's conviction for aggravated assault was affirmed by the Court of Appeals in an opinion appearing at 319 N.E.2d 837. Appellant petitioned this Court for transfer and oral arguments were heard. A majority of this Court concurs in the result reached by the Court of Appeals, and we now adopt their opinion as follows:

"HOFFMAN, CHIEF JUDGE. "This appeal arises from a judgment of conviction...

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