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BURNETT v. STATE

No. 1081S307.

426 N.E.2d 1314 (1981)

Dennis BURNETT, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

October 27, 1981.

Attorney(s) appearing for the Case

Robert L. Bartelt, Jr., Evansville, for appellant (defendant below); Berger, Berger & Bartelt, Evansville, of counsel.

Linley E. Pearson, Atty. Gen., Frank A. Baldwin, Deputy Atty. Gen., Indianapolis, for appellee (plaintiff below).

ON PETITION TO TRANSFER

PRENTICE, Judge.

Defendant (Appellant) was convicted of Battery, Ind. Code § 35-42-2-1 (Burns 1979) after trial by jury and sentenced to eight (8) years imprisonment. The Court of Appeals affirmed the conviction in an opinion published at 419 N.E.2d 172.

The cause is before us upon Defendant's Petition to Transfer. For the reasons stated below, we grant Transfer, vacate the judgment...

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