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SEDELBAUER v. STATE

No. 3-1179A302.

402 N.E.2d 1006 (1980)

Alan H. SEDELBAUER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

April 2, 1980.

Attorney(s) appearing for the Case

K. Richard Payne, Fort Wayne, Robert Eugene Smith, Atlanta, Ga., for appellant.

Theodore L. Sendak, Atty. Gen., Thomas D. Quigley, Deputy Atty. Gen., Indianapolis, for appellee.

YOUNG, Judge.

Appellant Sedelbauer was convicted on two (2) counts of Distributing Obscene Matter for Consideration in violation of IC 35-30-10.1-2(2), sentenced on both counts to thirty (30) days imprisonment and fined Three Thousand Dollars ($3,000.00). He appeals arguing that the giving of court's instruction no. 12 was error. We agree and reverse.

The instruction complained of reads as follows:

In determining the question of whether the allegedly...

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