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SIMS v. STATE

No. 177S13.

368 N.E.2d 1352 (1977)

James SIMS, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

November 10, 1977.

Attorney(s) appearing for the Case

Mark W. Shaw, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Susan J. Davis, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

Appellant was convicted of commission of a felony (robbery) while armed, Ind. Code § 35-12-1-1 (Burns 1975), first degree murder, Ind. Code § 35-13-4-1(a) (Burns 1975), and involuntary manslaughter, Ind. Code § 35-13-4-2 (Burns 1975) (all repealed October 1, 1977). On appeal he contends:

(1) that he is entitled to be discharged because he was not tried within seventy days of his motion for an early trial, exclusive of delays...

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