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MAXWELL v. STATE

No. 3-1279A337.

408 N.E.2d 158 (1980)

Douglas T. MAXWELL, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

July 28, 1980.

Attorney(s) appearing for the Case

Walter J. Alvarez, Merrillville, for appellant.

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

STATON, Judge.

Douglas T. Maxwell (Maxwell) was found guilty by a jury of Burglary, Class B,1 and sentenced for the determinate period of ten years. Upon appeal Maxwell urges five issues for our review:

(1) Whether the trial court erred in refusing to submit a jury instruction upon a lesser included offense; (2) Whether the trial court erred in permitting the State to reopen its case for the purpose of admitting evidence...

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