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STATE v. PALMER

No. 778S140.

386 N.E.2d 946 (1979)

STATE of Indiana, Appellant (Plaintiff below), v. Harry Fred PALMER, III, Appellee (Defendant below).

Supreme Court of Indiana.

Rehearing Denied June 1, 1979.

Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Michael Gene Worden, Dep. Atty. Gen., Indianapolis, for appellant.

Harriette Bailey Conn, Public Defender, David P. Freund, Marcia L. Dumond, Deputy Public Defenders, Indianapolis, for appellee.

PIVARNIK, Justice.

This is an appeal by the State of Indiana from a criminal cause in which a state statute, Ind. Code § 35-7-1-1 (Burns 1975), was declared unconstitutional by the Elkhart Superior Court. The facts are not in dispute.

Defendant, Harry Fred Palmer III, was charged by way of information with first degree burglary in Elkhart County on September 12, 1977. The cause went through routine pleading stages and finally on January 16, 1978, the...

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