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BERGNER v. STATE

No. 3-379A85.

397 N.E.2d 1012 (1979)

Lester BERGNER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied February 19, 1980.

Attorney(s) appearing for the Case

Paul J. Giorgi, P.C., Merrillville, for appellant-defendant.

Theo. L. Sendak, Atty. Gen., Rollin E. Thompson, Asst. Atty. Gen., Indianapolis, for appellee-plaintiff.

CHIPMAN, Judge.

Following a jury trial in the Lake Superior Court appellant Lester Bergner was convicted of sodomizing1 his four-year old daughter. His appeal challenges the trial court's rulings on the admissibility of photographs depicting the act of fellatio and the applicability of the marital privilege to the testimony of his ex-wife. Appellant also argues the evidence was insufficient to support the verdict. We have extensively reviewed...

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