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McCLAIN v. STATE

No. 679S148.

410 N.E.2d 1297 (1980)

Joseph Howard McClain, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

October 3, 1980.

Attorney(s) appearing for the Case

Thomas L. Ryan, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Carmen L. Quintana, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

Appellant, Joseph Howard McClain, was found guilty in a trial by jury of rape, Ind. Code § 35-13-4-3, and sodomy, Ind. Code § 35-1-89-1. He received a sentence of life imprisonment for the offense of rape. In this appeal the following issues are presented:

(1) The sufficiency of an affidavit for issuance of warrant authorizing a swab emission sample to be taken from the penis of appellant.

(2) Whether appellant was entitled...

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