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STATE v. DUTTON

No. 2-280A65.

405 N.E.2d 560 (1980)

STATE of Indiana, Plaintiff-Appellant, v. George DUTTON, Defendant-Appellee.

Court of Appeals of Indiana, Fourth District.

June 10, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Michael Gene Worden, Asst. Atty. Gen., Indianapolis, for plaintiff-appellant.

E. Kent Moore, Moore, Sandy, Moore & Deets, Lafayette, for defendant-appellee.

MILLER, Presiding Judge.

The defendant George Dutton was acquitted by a jury of the charge of attempted rape. (Ind. Code 35-41-5-1, Ind. Code 35-42-4-1) The State, being aggrieved of this result, appeals upon several reserved questions of law.

The State's case was based almost wholly on the allegations of Ronda Holladay who lived with her husband (they were married shortly after this incident) in the basement apartment of the same building where Dutton lived...

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