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STATE v. DIVELY

No. 1-981 A 291.

431 N.E.2d 540 (1982)

STATE of Indiana, Plaintiff-Appellant, v. Marion Sue DIVELY a/k/a Marion Sue Hembd, Defendant-Appellee.

Court of Appeals of Indiana, First District.

Transfer Denied June 18, 1982.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., William E. Daily, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

John D. Clouse, Michael C. Keating, Laurie A. Baiden, Evansville, for defendant-appellee.

NEAL, Judge.

STATEMENT OF THE CASE

Defendant-appellee Marion Sue Hembd (appellee) was charged in the Vanderburgh Superior Court with the offense of burglary of her husband's property under Ind. Code 35-43-2-1 (Supp. 1980). The State has perfected an interlocutory appeal from the trial court's action dismissing the charge.

We reverse.

STATEMENT OF THE FACTS

Appellee was charged with breaking...

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