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MORRIS v. STATE

No. 779S183.

399 N.E.2d 740 (1980)

J.W. MORRIS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied April 9, 1980.

Attorney(s) appearing for the Case

Irma Hampton Nave, Anderson, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

Defendant, J.W. Morris, was convicted by a jury of murder, Ind. Code § 35-42-1-1 (Burns 1979 Repl.), and sentenced to forty years' imprisonment. He now appeals raising several issues. However, because of our disposition of defendant's Fourth Amendment claim, we need consider only that issue.

In the early morning, November 25, 1978, David Upton, III, was shot and killed near his home in Muncie...

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