YOUNG, Judge.
ON PETITION FOR REHEARING
The State petitions for rehearing in this cause on the grounds that this Court erroneously decided the appeal on the basis of an issue which was not properly preserved for review. On the basis of McCague v. New York, Chicago & St. Louis Ry., (1947) 225 Ind. 83, 71 N.E.2d 569, 73 N.E.2d 48, we agree. Nevertheless we remain of the same opinion regarding the sufficiency of evidence to warrant a pandering instruction...
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