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SIZEMORE v. STATE

No. 1-1277A287.

384 N.E.2d 1152 (1979)

Michael Ray SIZEMORE, Jeffrey Allen Sandlin, Appellants (Defendants-below), v. STATE of Indiana, Appellees (Plaintiffs-below).

Court of Appeals of Indiana, First District.

Rehearing Denied March 9, 1979.

Rehearing Denied April 16, 1979.

Attorney(s) appearing for the Case

Walter E. Bravard, Jr., Richards, Bennett, Bravard & Bibbins, Indianapolis, Richard L. Tandy, Greenwood, for appellants.

Theodore L. Sendak, Atty. Gen. of Indiana, Robert J. Black, Victoria R. Van Duren, Deputy Atty. Gen., Indianapolis, for appellees.

ROBERTSON, Judge.

Defendants-appellants Jeffrey Allen Sandlin (Sandlin) and Michael Ray Sizemore (Sizemore) were charged separately with the rape1 of K.C. (prosecutrix) and both were found guilty of rape in a joint trial.

The evidence most favorable to the State of Indiana (State) discloses the following sequence of events. On August 3, 1976, at approximately 9:00 P.M., the prosecutrix and her older sister Cheryl were waiting ...

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