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ARBUCKLE v. STATE

No. 2-975A252.

366 N.E.2d 200 (1977)

Clyde ARBUCKLE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, In Banc.

August 16, 1977.

Attorney(s) appearing for the Case

Michael T. Conway, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., K. Richard Payne, Deputy Atty. Gen., Indianapolis, for appellee.

LOWDERMILK, Judge.

ON APPELLANT'S PETITION FOR REHEARING

Appellant has filed his petition for rehearing and we believe it merits our writing thereon.

In our original opinion, Ind. App., 364 N.E.2d 772, this court determined that appellant's Issue Number Two in his brief which was "Did the court err in not instructing the jury about certain lesser included offenses for which the defendant tendered instructions"...

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