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SMITHERS v. STATE

No. 1-778A203.

385 N.E.2d 466 (1979)

Arlie Ray SMITHERS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

February 5, 1979.

Attorney(s) appearing for the Case

Keith A. Dilworth, Public Defender, Richmond, for appellant.

Theodore L. Sendak, Atty. Gen., Robert J. Black, Deputy Atty. Gen., Indianapolis, for appellee.

LYBROOK, Presiding Judge.

Defendant-appellant Arlie Ray Smithers was charged by information with violating Ind. Code 35-13-4-6 (robbery statute, since repealed), found guilty by a jury, and sentenced to be imprisoned for not less than 10 nor more than 25 years. He appeals, raising two issues for review:

(1) Whether the trial court erred in overruling defendant's motion for judgment on the evidence at the conclusion...

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