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STATE v. HOLLAND

No. 779S203.

403 N.E.2d 832 (1980)

STATE of Indiana, Appellant (Plaintiff below), v. Michael Leon HOLLAND, Appellee (Defendant below).

Supreme Court of Indiana.

May 1, 1980.

Attorney(s) appearing for the Case

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

Sharon Carroll Clark, Gregg & Clark, Anderson, for appellee.

HUNTER, Justice.

This is an attempted appeal by the state from the dismissal, with prejudice, of Count III in the prosecution of defendant, Michael Leon Holland. As authority for this action the state relies upon Ind. Code § 35-1-47-2 (Burns 1979 Repl.) which provides in part:

"Appeals to the Supreme Court must be taken by the state in the following cases: "First. From a judgment for the defendant, on quashing or setting aside an indictment...

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