BROOK v. STATE

No. 2-882A286.

448 N.E.2d 1249 (1983)

Harold K. BROOK, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

May 26, 1983.


Attorney(s) appearing for the Case

James R. Fleming, Howard County Public Defender, Kokomo, for appellant.

Linley E. Pearson, Atty. Gen., Lisa M. Paunicka, Deputy Atty. Gen., Indianapolis, for appellee.


SHIELDS, Judge.

Harold K. Brook (Brook) appeals his conviction under I.C. 35-23-9.1-2 (Burns Code Ed., Supp. 1982) of dealing in sawed-off shotguns raising the issue whether there was sufficient evidence to convict him:

1) because his shotgun, with its overall length of 29 inches, did not fall within the definition of "sawed-off" in I.C. 35-23-9.1-1 (Burns Code Ed., Supp. 1982), and

2) because he merely possessed the weapon.

We affirm.

...

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