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STATE v. McMILLAN

Nos. 680S167, 680S164 and 680S165.

409 N.E.2d 612 (1980)

STATE of Indiana, Appellant (Plaintiff below), v. Hubert McMillan, Appellee (Defendant below). State of Indiana, Appellant (Plaintiff below), v. Harry E. Ferguson, Appellee (Defendant below). State of Indiana, Appellant (Plaintiff below), v. Albert Lee Woods, Appellee (Defendant below).

Supreme Court of Indiana.

Rehearing Denied December 2, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Michael Gene Worden, Asst. Atty. Gen., Indianapolis, for appellant.

Kenneth C. Kern, Kenneth C. Kern & Associates, Indianapolis, for appellee McMillan.

Perry H. Harrold, Indianapolis, for appellee Ferguson.

Sandy L. Bryant, Indianapolis, for appellee Woods.

HUNTER, Justice.

These three appeals arise from separate dispositions in the trial courts below. Because they involve substantially the same questions, they have been consolidated for purposes of briefing and consideration by this Court. Defendant Hubert McMillan was convicted by a jury of burglary, a class C felony, Ind. Code § 35-43-2-1 (Burns 1979 Repl.). Defendant Albert Lee Woods was also convicted by a jury of burglary, a class C felony. Defendant Harry...

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