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HUTCHERSON v. STATE

No. 2-1076A384.

382 N.E.2d 983 (1978)

Marvin HUTCHERSON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

November 22, 1978.

Attorney(s) appearing for the Case

Lawrence O. Sells, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Terry G. Duga, Deputy Atty. Gen., Indianapolis, for appellee.

YOUNG, Judge.

ON PETITION FOR REHEARING

The State petitions for rehearing on the ground that a new question of law was erroneously decided, namely in construing I.C. 1971, 35-24.1-4.1-6(b) (Burns Code Ed.) as referring to heroin, and not a substance containing heroin. It is our duty to construe criminal statutes strictly against the State and in favor of the accused. Utley v. State, (1972) 258 Ind. 443, 281 N.E.2d 888<...

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