MURPHY v. STATE

No. 781S182.

453 N.E.2d 219 (1983)

Ricky Edmond MURPHY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 16, 1983.


Attorney(s) appearing for the Case

Glenn A. Grampp, Evansville, for appellant; Lopp, Lopp & Grampp, Evansville, of counsel.

Linley E. Pearson, Atty. Gen of Ind., Palmer K. Ward, Deputy Atty. Gen., Indianapolis, for appellee.


PRENTICE, Justice.

Defendant (Appellant) was convicted of Burglary, Ind. Code § 35-43-2-1, Theft, Ind. Code § 35-43-4-2, and being an Habitual Offender, Ind. Code § 35-50-2-8 (Burns 1979). He was sentenced to thirty-five (35) years imprisonment. This direct appeal seeks review upon the following issues:

(1) Whether there was a fatal variance between the allegations in the charge of theft, and the...

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