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EILAND v. STATE

No. 3-981A220.

433 N.E.2d 400 (1982)

Donald EILAND, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana.

April 12, 1982.

Attorney(s) appearing for the Case

Michael A. Dvorak, South Bend, for defendant-appellant.

Linley E. Pearson, Atty. Gen., of Indiana, Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Judge.

James Reynolds resided at 1133 Corby in South Bend, Indiana. At about 9:30 p.m. on November 7, 1980 Reynolds heard someone breaking in his back door and he called the police. Officers Trennery and Zurat responded to the call. Initially the officers mistakenly went to the rear of a house located adjacent to 1133 Corby. Realizing their mistake, the officers went to a fence separating the two properties and from that position they saw three individuals...

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