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MIDDLETON v. STATE

No. 3-978A241.

391 N.E.2d 657 (1979)

Mark J. MIDDLETON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

June 28, 1979.

Attorney(s) appearing for the Case

Bruce S. Cowen, Deputy Public Defender, Ft. Wayne, for appellant.

Theo. L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Judge.

Defendant-appellant Mark T. Middleton appeals his conviction following a bench trial of first-degree burglary for which he was sentenced for a period of not less than one nor more than ten years. His appeal involves these issues:

(1) whether error was committed in overruling defendant's motion for a continuance on the grounds that the State's answer to his notice of alibi was insufficient; (2) whether error was committed in denying...

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