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FOSTER v. STATE

No. 381S64.

436 N.E.2d 783 (1982)

Robert FOSTER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 30, 1982.

Attorney(s) appearing for the Case

Susan Carpenter, Public Defender, David P. Freund, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Defendant (Appellant) was convicted of Forgery, Ind. Code § 35-43-5-2 (Burns 1979), and of being an Habitual Offender, Ind. Code § 35-50-2-8 (Burns 1979), and was sentenced to thirty-five (35) years imprisonment. This appeal raises several issues, one of which compels us to order a new trial.

During the voir dire of the jurors the Prosecutor read the Information and then attempted to recite the Forgery statute:

"Now, the...

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