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RANDOLPH v. STATE

No. 776S224.

361 N.E.2d 900 (1977)

Frank RANDOLPH, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

April 18, 1977.

Attorney(s) appearing for the Case

David W. Foley, Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., David L. Steiner, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

Frank Randolph was convicted in a jury trial of the offense of having raped R.L., while armed, on August 17, 1974, in violation of Ind. Code § 35-12-1-1. The bases of this appeal are that the trial court erred in permitting the prosecution over objection to present evidence of a separate crime not charged, and in giving two irregular jury instructions.

After dark on the date charged, R.L...

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