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DAILEY v. STATE

No. 1078S232.

406 N.E.2d 1172 (1980)

Daniel C. DAILEY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied September 22, 1980.

Attorney(s) appearing for the Case

Terry E. Johnston, Valparaiso, for appellant.

Theodore L. Sendak, Atty. Gen., Robert J. Black, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Defendant (Appellant) was convicted in a trial by jury of Murder, Ind. Code § 35-42-1-1 (Burns 1979) and sentenced to sixty (60) years imprisonment. He pleaded not guilty by reason of insanity. This direct appeal presents fifteen (15) issues. Our resolution of one of such issues would require us to remand the cause to reduce the sentence. However, the errors giving rise to two of the other issues, compel us to order a new trial.

The...

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