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HEMPHILL v. STATE

No. 678S113.

387 N.E.2d 1324 (1979)

Daniel HEMPHILL, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

April 18, 1979.

Attorney(s) appearing for the Case

Terry C. Gray, Gary, for appellant.

Theodore L. Sendak, Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant was convicted of second degree murder and sentenced to a term of life imprisonment.

The evidence most favorable to the State indicates that on January 18, 1977, in Gary, Indiana, Ron Deboe and John Muhlberger were working in Wally's Food Store, owned by Muhlberger. Shortly after midnight, three persons entered the store. One of the three, appellant Daniel Hemphill, had been in the store numerous times. Muhlberger ordered Hemphill...

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