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FERGUSON v. STATE

No. 879S221.

403 N.E.2d 1373 (1980)

Harry E. FERGUSON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 15, 1980.

Attorney(s) appearing for the Case

Mark Peden, Foley, Foley & Peden, Martinsville, for appellant.

Theodore L. Sendak, Atty. Gen. of Indiana, Palmer K. Ward, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

Defendant, Harry E. Ferguson, was convicted by a jury of attempted murder, Ind. Code §§ 35-41-5-1 and 35-42-1-1 (Burns 1979 Repl.); attempted rape, a class A felony, Ind. Code §§ 35-41-5-1 and 35-42-4-1 (Burns 1979 Repl.); and sentenced to forty years on each count, said sentences to be served consecutively. The jury further found that defendant was an habitual offender, Ind. Code § 35-50-2-8 (Burns 1979 Repl.) and the trial...

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