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PHILLIPS v. STATE

No. 577S315.

376 N.E.2d 1143 (1978)

James PHILLIPS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied August 9, 1978.

Attorney(s) appearing for the Case

Robert W. Hammerle, Indianapolis, for appellant (defendant below).

Theodore L. Sendak, Atty. Gen., Daniel Lee Pflum, Deputy Atty. Gen., Indianapolis, for appellee (plaintiff below).

PRENTICE, Justice.

Defendant (Appellant) was charged by indictment with First Degree Murder. After trial by jury, he was found guilty of the lesser included offense of Second Degree Murder, Ind. Code § 35-1-54-1 (Burns 1975), and was sentenced to be imprisoned for not less than ten, nor more than twenty-five years. This direct appeal presents the following issues:

(1) Whether the procedure used to select the...

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