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GARNER v. STATE

No. 480S114.

413 N.E.2d 584 (1980)

Merle GARNER, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 30, 1980.

Attorney(s) appearing for the Case

William J. Dougherty, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Carmen L. Quintana, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

The trial court, sitting without a jury, found appellant, Merle Garner, guilty of armed robbery pursuant to IC 35-42-5-1. He was also charged with, but not convicted of, being an habitual criminal.

The facts are as follows:

On the evening of November 15, appellant entered a small private social club. The club was not particularly exclusive and if one were known he could gain admittance.

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