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DAVIS v. STATE

No. 682S233.

456 N.E.2d 405 (1983)

Alfred DAVIS, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 2, 1983.

Attorney(s) appearing for the Case

William A. Kowalski, Ray L. Szarmach, East Chicago, for appellant.

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

GIVAN, Chief Justice.

Appellant was convicted of Murder in the Second Degree, IC § 35-1-54-1 (1971) [Repealed by Acts 1976, P.L. 148, § 24, effective October 1, 1977], in May of 1977. The trial court granted a new trial at the conclusion of a hearing on appellant's Belated Motion to Correct Error. The presiding judge, deputy prosecutor and defense attorney in the first trial all participated in the second trial, at which appellant was again convicted by...

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