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McDANDAL v. STATE

No. 2-278A59.

390 N.E.2d 216 (1979)

Edward D. McDandal, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

May 29, 1979.

Attorney(s) appearing for the Case

James R. Fleming, Public Defender, Kokomo, for appellant.

Theo. L. Sendak, Atty. Gen., Dennis K. McKinney, Deputy Atty. Gen., Indianapolis, for appellee.

SHIELDS, Judge.

McDandal appeals his trial court conviction of assault and battery upon a police officer,1 claiming that he was never advised of his right to counsel. McDandal was without counsel throughout the trial proceedings. We reverse for the reason that an effective waiver of the right to counsel cannot be inferred from a silent record.

In Johnson v. Zerbst, (1938) 304 U.S. 458, at...

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