POTTER v. STATE

No. 3-778A165.

385 N.E.2d 955 (1979)

Edward F. POTTER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

February 12, 1979.


Attorney(s) appearing for the Case

John F. Surbeck, Jr., Deputy Public Defender, Fort Wayne, for appellant.

Theo. L. Sendak, Atty. Gen., Gordon R. Medlicott, Deputy Atty. Gen., Indianapolis, for appellee.


YOUNG, Judge.

Edward F. Potter appeals his conviction of rape urging as error the trial court's refusal to grant his Motion to Dismiss. Appellant argues that the affidavit of probable cause failed to comply with the statute and contained improper, prejudicial and inadmissible statements. He reasons that since such statements are not admissible at trial because they are prejudicial, they should not be permitted in the affidavit of probable cause. We affirm.

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