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NELSON v. STATE

No. 3-380A72.

413 N.E.2d 988 (1980)

E.L. NELSON, Appellant (Defendant below) v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

December 29, 1980.

Attorney(s) appearing for the Case

Thomas L. Ryan, Deputy Public Defender, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Kathleen L. Lucas, Deputy Atty. Gen., Indianapolis, for appellee.

MILLER, Judge.

E.L. Nelson was convicted of burglary, IC 35-43-2-11 and sentenced to ten years. From this he appeals raising several issues. Due to our decision we need only discuss one:

Whether the trial court erred by refusing to give Nelson's tendered instruction on circumstantial evidence.

We reverse and remand.

FACTS

On October 29, 1978, at approximately...

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