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SMITH v. STATE

No. 3-176A20.

363 N.E.2d 1295 (1977)

Cleveland SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

June 28, 1977.

Attorney(s) appearing for the Case

Herbert E. Boase, LaGrange, Wm. T. Enslen, McHie, Enslen & Moran, Hammond, for appellant.

Theodore L. Sendak, Atty. Gen., James N. Shumacker, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Presiding Judge.

Cleveland Smith was charged with one count of kidnapping, IC 1971, 35-1-55-1 (Burns Code Ed.), and one count of pointing and aiming a firearm, IC 1971, 35-1-79-5 (Burns Code Ed.). Pauper counsel was appointed. After a trial by jury, Smith was acquitted on the kidnapping charge and found guilty on the charge of aiming a firearm. Judgment was entered on the verdict, and, on October 2, 1975, Smith was sentenced to a term of not less than one...

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