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STATE v. SMITH

No. 1-480A73.

409 N.E.2d 1199 (1980)

STATE of Indiana, Plaintiff-Appellant, v. Richard Keith SMITH, Defendant-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied November 17, 1980.

Attorney(s) appearing for the Case

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

Harriette Bailey Conn, Public Defender, Kurt A. Young, Deputy Public Defender, Indianapolis, for defendant appellee.

NEAL, Judge.

STATEMENT OF THE CASE

This is an appeal upon a reserved question of law under Ind. Code 35-1-47-2 from a judgment "directing a verdict" in favor of the defendant, Richard Keith Smith (Smith), at the close of the State's evidence upon the charge of attempted murder.

The appeal is sustained.

STATEMENT OF THE FACTS

In the evening of August 10, 1979, Smith, and his uncle, Melvin Howell, were heavily engaged in a drinking...

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