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SPEARS v. STATE

No. 179S13.

401 N.E.2d 331 (1980)

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

Supreme Court of Indiana.

Rehearing Granted April 30, 1980.

Attorney(s) appearing for the Case

Steven L. Artrusi, Robert F. Gonderman, South Bend, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., Indianapolis, for appellee.

Rehearing Granted April 30, 1980. See 403 N.E.2d 828.

HUNTER, Justice.

Defendant, Harry Spears, was convicted by a jury of assault with intent to kill, Ind. Code § 35-13-2-1 (Burns 1975), and murder in the second degree, Ind. Code § 35-1-54-1 (Burns 1975), and sentenced to two to fourteen years' and fifteen to twenty-five years' imprisonment respectively. He now appeals raising the following issues:

1....

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