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STATE v. GILLESPIE

No. 3-581A131.

428 N.E.2d 1338 (1981)

STATE of Indiana, Plaintiff-Appellant, v. Steven J. GILLESPIE, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 30, 1982.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Thomas D. Quigley, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

Richard J. Thonert, Romero & Thonert, Auburn, for defendant-appellee.

GARRARD, Judge.

Gillespie was charged with attempted dealing in a schedule II controlled substance. He filed a motion to dismiss upon which the court heard argument and received evidence. It was stipulated by the parties that the substance delivered by Gillespie was not a controlled substance. It was crushed common aspirin. In addition, Gillespie testified that Collins, an undercover police officer, had on several occasions attempted to induce Gillespie to procure...

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