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STATE v. BURKE

No. 3-482A74.

443 N.E.2d 859 (1983)

STATE of Indiana, Plaintiff-Appellant, v. Scott R. BURKE, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 25, 1983.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Warden, Deputy Atty. Gen., Indianapolis, Ralph R. Huff, Deputy Pros. Atty., Plymouth, for plaintiff-appellant.

Joseph V. Simanski, Plymouth, for defendant-appellee.

GARRARD, Judge.

The State of Indiana appeals from the trial court's dismissal of an information filed against Scott R. Burke.

On July 18, 1980 an officer of the Culver Police Department stopped a vehicle in which Burke and a companion were riding. The officer observed several cans of beer in the vehicle, and upon determining that Burke was eighteen years old the officer issued Burke a traffic ticket charging him with being a minor in possession of alcohol...

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