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McGOWAN v. STATE

No. 977S635.

366 N.E.2d 1164 (1977)

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

Supreme Court of Indiana.

September 6, 1977.

Attorney(s) appearing for the Case

Kenneth T. Roberts, Wilson, Coleman & Roberts, Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., Arthur Thadeus Perry, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

Robert McGowan, the defendant below, was convicted after a jury trial, of armed robbery.1 The Court of Appeals reversed this conviction, finding the evidence insufficient. McGowan v. State, (1976) Ind. App., 355 N.E.2d 276. The state petitions for transfer on the grounds that sufficiency of the evidence was waived by the defendant's failure to present this issue in his motion...

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