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ROSE v. STATE

No. 2-1280A398.

431 N.E.2d 521 (1982)

Russell F. ROSE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied April 8, 1982.

Attorney(s) appearing for the Case

Forrest Bowman, Jr., Bowman, Dillon & Wagoner, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.

SHIELDS, Judge.

Russell F. Rose (Rose) appeals his conviction of Battery, Class C Felony (I.C. 35-42-2-1, Repl. 1979), alleging the trial court erred:

1) in failing to give the jury certain tendered instructions on the issue of mistake of fact; 2) by improperly limiting cross-examination of a state's witness; and 3) in imposing a manifestly unreasonable sentence.

We remand for further proceedings involving Rose's sentence and...

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