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STATE v. SOUDER

No. 1-882A225.

444 N.E.2d 891 (1983)

STATE of Indiana, Appellant (Plaintiff below), v. Maurice D. SOUDER, Jr., Appellee (Defendant below).

Court of Appeals of Indiana, First District.

February 7, 1983.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellant.

James L. Brand, Kevin P. McGoff, Free, Brand, Tosick & Allen, Greenfield, for appellee.

ROBERTSON, Presiding Judge.

The State of Indiana appeals an order from the Rush County Court requiring the return of items confiscated at the time of Maurice Souder's (Souder) arrest. Souder was charged and convicted of violating Ind. Code 14-2-4-3, Count I, Hunting from a Roadway and Count II, Use of Artificial Light from a vehicle while in possession of a firearm.

We affirm.

The facts show that Souder was arrested on October 4, 1980, by an Indiana...

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