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BIRKLA v. STATE

No. 277S135.

396 N.E.2d 115 (1979)

Charles Ellis BIRKLA, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

November 8, 1979.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Indianapolis, for appellant; R. Davy Eaglesfield, III, Deputy Public Defender, Indianapolis, of counsel.

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

PIVARNIK, Justice.

Appellant Charles Ellis Birkla was convicted by a jury in Knox Superior Court of second degree murder and first degree murder in the commission of a robbery, for the shooting death of David Higgins, a service station employee. He was sentenced to life imprisonment. On appeal, this Court affirmed the convictions. Birkla v. State, (1975) 263 Ind. 37, 323 N.E.2d 645.

On July 9, 1975, appellant filed...

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