BEARD v. STATE

No. 282S47.

448 N.E.2d 1078 (1983)

Gary BEARD, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied July 13, 1983.


Attorney(s) appearing for the Case

James G. McDonald, Jr., Princeton, for appellant.

Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.


PRENTICE, Justice.

Defendant (Appellant) was convicted of Attempted Burglary, Ind. Code § 35-41-5-1; § 35-43-2-1 (Burns 1979), and sentenced to twenty (20) years imprisonment. This direct appeal presents the following issues:

(1) Whether it was fundamental error for the trial court to allow a witness whose name was not endorsed upon the information, to testify at trial.

(2) Whether the evidence was sufficient to sustain a finding that Defendant...

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