STRODE v. STATE

No. 2-977A368.

400 N.E.2d 183 (1980)

Anthony W. STRODE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

February 7, 1980.


Attorney(s) appearing for the Case

John Muller, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellee.


SHIELDS, Judge.

Strode was tried by a jury and convicted of Theft. I.C. 35-17-5-3(1)(a) and (2)(a) (Burns Code Ed. 1975). He contends that (1) his prior acquittal on similar charges should have barred the instant prosecution; (2) the trial court erred in permitting the alternate juror to retire with the jurors and sit in the jury room during deliberations; and (3) there was insufficient evidence to support his conviction. We affirm.

The evidence most favorable...

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