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CLARK v. STATE

No. 781S180.

447 N.E.2d 1076 (1983)

Charles CLARK, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

April 22, 1983.

Attorney(s) appearing for the Case

Peter D. Shaw, Smith, Shaw & Wilhoite, Connersville, for appellant.

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

PRENTICE, Justice.

Defendant (Appellant) was convicted, after trial by Jury, of Attempted Rape, Ind. Code § 35-41-5-1; § 35-42-4-1 (Burns 1979), Battery, Ind. Code § 35-42-2-1(1) (Burns 1979), and Intimidation, Ind. Code § 35-45-2-1 (Burns 1979), and sentenced to a total of thirty (30) years imprisonment. This direct appeal presents the following issues:

(1) Whether the circumstantial evidence of the identity of the assailant was sufficient...

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