HENRY v. STATE

No. 177S7.

379 N.E.2d 132 (1978)

Arthur L. HENRY and Larry G. Davis, Appellants, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

July 21, 1978.


Attorney(s) appearing for the Case

Sheldon H. Cohan, Gary, for appellants.

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


DeBRULER, Justice.

Appellants appeal convictions of unlawful dealing in a controlled narcotic substance, Ind. Code § 35-24.1-4.1-1 (Burns 1975) repealed October 1, 1977, arising from their attempt to sell three grams of heroin to an undercover policeman in a rural Lake County restaurant parking lot. They raise the following issues:

(1) Whether the State was improperly allowed to amend the information at the commencement of trial;

(2) Whether the...

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