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SCOTT v. STATE

No. 3-1179A315.

404 N.E.2d 1190 (1980)

Daniel SCOTT; David Scott, Appellants (Defendants below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

May 29, 1980.

Attorney(s) appearing for the Case

Michael A. Shurn, Gast & Shurn, Winamac, for appellants.

Theodore L. Sendak, Atty. Gen., John K. Silk, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

Daniel Scott and his brother, David Scott, were charged and convicted by jury of the crime of Unlawful Possession of Marijuana.1 Daniel Scott stipulated to the joinder of his case with that of his brother's for the purposes of trial. Each was sentenced to the Indiana Department of Correction for a period of one year.

On appeal, the Scotts raise two issues for our consideration...

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