TALLEY v. STATE

No. 3-778A168.

400 N.E.2d 1167 (1980)

James Edward TALLEY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied March 20, 1980.


Attorney(s) appearing for the Case

G. Stanley Hood, Fort Wayne, for appellant.

Theo. L. Sendak, Atty. Gen., Philip R. Blowers, Deputy Atty. Gen., Indianapolis, for appellee.


HOFFMAN, Judge.

Defendant-appellant James Edward Talley was charged by information with two counts of first-degree arson for the burning of two dwelling houses located at 414 1/2 (Count I) and 412 1/2 (Count II) East Berry Street in Fort Wayne. The jury found him guilty on Count I and acquitted him on Count II. He was sentenced to an indeterminate period of not less than five nor more than twenty years.

His appeal raises these issues:

(1) whether...

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