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SANDERS v. STATE

No. 1-577 A 106.

370 N.E.2d 966 (1977)

James O'Neal SANDERS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied February 7, 1978.

Attorney(s) appearing for the Case

John D. Clouse, Evansville, for defendant-appellant.

Theo. L. Sendak, Atty. Gen., Jane M. Gootee, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

ROBERTSON, Chief Judge.

Defendant-appellant James O'Neal Sanders (Sanders) was convicted after a trial by jury of the offense of sodomy, IC 1971, 35-1-89-1, and was sentenced to two to fourteen (2-14) years in prison. He now appeals from the denial of his belated motion to correct errors.

Sanders has raised two issues in this appeal:

1. Whether he is entitled to a new trial on the basis of newly discovered evidence consisting of statements by the...

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