McCABE v. STATE

No. 1078S244.

396 N.E.2d 895 (1979)

James R. McCabe, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

November 27, 1979.


Attorney(s) appearing for the Case

John C. Wood, Deputy Public Defender, Kokomo, for appellant.

Theodore L. Sendak, Atty. Gen., Rollin E. Thompson, Asst. Atty. Gen., Indianapolis, for appellee.


PIVARNIK, Justice.

Appellant was tried by a jury in Howard Superior Court, Division II. He was found guilty of confinement while armed with a deadly weapon and guilty of Deviate Sexual Conduct by using or threatening the use of force or while armed with a deadly weapon. On July 18, 1978, the Court sentenced appellant to ten (10) years on Count I, confinement, and thirty (30) years on Count II, deviate sexual conduct, said terms to run concurrently.

On January...

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