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SIMMONS v. STATE

No. 3-776A181.

385 N.E.2d 225 (1979)

Donty Ledel SIMMONS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied May 14, 1979.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Ihor N. Boyko, Deputy Public Defender, Indianapolis, for defendant-appellant.

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

GARRARD, Presiding Judge.

Donty Ledel Simmons was tried by jury and convicted of burglary. Simmons tendered an instruction which stated in pertinent part:1

"The law presumes the defendant to be innocent of the crime charged, and this presumption continues in his favor throughout the trial of this cause. "It is your duty, if it can be reasonably and conscientiously done to reconcile the evidence upon the theory that the...

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