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CROCKER v. STATE

No. 3-1177A289.

378 N.E.2d 645 (1978)

Clarence L. CROCKER and Willie Sims, Defendants-Appellants, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

July 24, 1978.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, David P. Freund, Deputy Public Defender, R. Davy Eaglesfield, III, Sp. Asst. Public Defender, Indianapolis, for defendants-appellants.

Theo. L. Sendak, Atty. Gen., Kenneth R. Stamm, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Presiding Judge.

Crocker and Sims were convicted of first degree burglary and were sentenced to terms of 10 to 20 years. The sole contention of error is that they were denied a fair trial because the court precluded them from calling any of three persons who might have testified for the defense. The reason for the preclusion was the failure of defense counsel to mention any of these witnesses until the day before trial despite the court's order for the continuing...

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