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MURPHY v. STATE

No. 2-479A93.

414 N.E.2d 322 (1980)

Jeff MURPHY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

December 31, 1980.

Attorney(s) appearing for the Case

Jack Quirk, Muncie, for appellant.

Theodore L. Sendak, Atty. Gen., Joel Schiff, Deputy Atty. Gen., Indianapolis, for appellee.

SULLIVAN, Judge.

Defendant-Appellant Jeff Murphy (Murphy) was found guilty of attempted burglary after a trial by jury in the Circuit Court of Delaware County. Two issues have been presented for review:

1. whether attempted burglary is an included offense of burglary; and 2. whether the instruction on an included offense was appropriate in light of the evidence presented at trial. We affirm.

I.

Murphy was charged by information...

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