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MAHONE v. STATE

No. 3-781A183.

429 N.E.2d 261 (1981)

Leon MAHONE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied January 11, 1982.

Attorney(s) appearing for the Case

Scott L. King, Cohen & Thiros, P.C., Merrillville, for appellant.

Linley E. Pearson, Atty. Gen., Thomas D. Quigley, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

A jury found Leon Mahone guilty of battery,1 a Class C felony. The trial court sentenced Mahone to five years' imprisonment. On appeal, Mahone raises the following issue for review:

Did the trial court err in refusing to give the lesser included offense instruction tendered by Mahone?

Affirmed.

On June 20, 1980, Mahone engaged in a game of pitching pennies with Joseph Moffett and Eugene Cooper in...

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