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BURR v. STATE

No. 479S100.

403 N.E.2d 343 (1980)

Otis BURR, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

May 1, 1980.

Attorney(s) appearing for the Case

William R. Clifford, Anderson, for appellant.

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

HUNTER, Justice.

The defendant, Otis Burr, was convicted of rape, a class A felony, Ind. Code § 35-42-4-1(a) (Burns 1979 Repl.), and burglary, a class B felony, Ind. Code § 35-43-2-1 (Burns 1979 Repl.). He was sentenced to concurrent terms of thirty years and ten years respectively and now appeals raising the following two issues:

1. Whether defendant was denied a fair trial due to the absence of any persons...

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