SWINEHART v. STATE

No. 1076S351.

376 N.E.2d 486 (1978)

Floyd L. SWINEHART and Harrison Eugene Wells, Appellants (Defendants below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 1, 1978.


Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Bobby Jay Small, David P. Freund, Deputy Public Defenders, Indianapolis, Jerrilee P. Sutherlin, Research Asst., for appellants.

Theodore L. Sendak, Atty. Gen., Jack R. O'Neill, Deputy Atty. Gen., Indianapolis, for appellee.


PRENTICE, Justice.

Defendants (Appellants) were jointly charged with two counts of safe burglary, Ind. Code § 35-1-61-1 (Burns 1975), and two counts of theft of more than one hundred dollars, Ind. Code § 35-17-5-1 et seq. (Burns 1975). In addition, the defendant Wells was charged with being an habitual criminal, Ind. Code § 35-8-8-1 (Burns 1975). After a trial by jury, both defendants were found guilty upon all charges of burglary and theft, a bifurcated...

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