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SEAY v. STATE

No. 1-277A37.

363 N.E.2d 1063 (1977)

Garry Tyrome SEAY, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied July 14, 1977.

Attorney(s) appearing for the Case

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

Theo. L. Sendak, Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

ROBERTSON, Chief Judge.

The defendant-appellant, Garry Tyrome Seay, appeals his conviction for two counts of assault and battery with intent to kill1 for which he received two concurrent sentences of not less than two (2) nor more than fourteen (14) years.

This appeal results from Seay's conviction upon retrial following our reversal of his original conviction for the same offense. Seay v. State (1975), Ind. App.,

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