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EVANS v. STATE

No. 1-1181A319.

434 N.E.2d 940 (1982)

Cheryl EVANS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

May 12, 1982.

Attorney(s) appearing for the Case

R. Steven Prifogle, Fran F. Koski, Bloomington, for appellant.

Linley E. Pearson, Atty. Gen., Dan S. LaRue, Deputy Atty. Gen., Indianapolis, for appellee.

ROBERTSON, Judge.

Cheryl Evans (Evans) was convicted of a class C infraction, provocation, Ind. Code 35-42-2-3, before a bench trial in Monroe County.

We reverse and remand.

The facts most favorable to the State reveal that Evans and a companion were walking southward on South Walnut Street in Bloomington near its intersection with East Wylie Street. Captain James Inman (Inman) of the Monroe County Sheriff's Department was proceeding north on South...

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