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FOX v. STATE

No. 2-376A109.

384 N.E.2d 1159 (1979)

Tom FOX, Darl (Hunk) Havens, Tom York, Barry R. Perry, Gary P. Kapp, Appellants (Defendants below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied March 5, 1979.

Attorney(s) appearing for the Case

Patrick N. Ryan, Jack B. Welchons, Ryan & Welchons, Marion, for appellant Tom Fox.

Harriette Bailey Conn, Public Defender, David P. Freund, Bobby J. Small, Deputy Public Defenders, Indianapolis, for appellants Havens, York and Perry.

Thomas A. Swihart, Bowman, Crowell & Swihart, Fort Wayne, for appellant Gary P. Kapp.

Theodore L. Sendak, Atty. Gen., John P. Avery, Deputy Atty. Gen., Indianapolis, for appellee.

SHIELDS, Judge.

Appellants were tried by a jury and convicted of first degree arson. I.C. 1971, 35-16-1-1 (Burns Code Ed.). Because we find the evidence insufficient to support the convictions of Fox, Havens, York, and Perry, and that reversible error was committed as to Kapp, we will discuss only those issues necessary to the disposition of this appeal or likely to appear upon Kapp's retrial.

I

We consider first appellants' argument that the burned...

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