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BAILEY v. STATE

No. 1177S785.

368 N.E.2d 1350 (1977)

Hank M. BAILEY and Frank Bailey, Jr., Appellants (Defendants below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

November 9, 1977.

Attorney(s) appearing for the Case

John M. Lyons, Valparaiso, for appellants.

Theodore L. Sendak, Atty. Gen., Elmer Lloyd Whitmer, Deputy Atty. Gen., Indianapolis, for appellee.

ON PETITION TO TRANSFER

PRENTICE, Justice.

This matter is before us upon the State's petition to strike the petition to transfer of the appellant, Frank Bailey. Said motion is granted, and said petition is now stricken from the records, with conditional leave to reinstate same, without payment of additional costs. The condition of such leave is that the Court of Appeals, Third District, shall deny the petitioner's petition for rehearing filed simultaneously...

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