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JOSHUA v. STATE

No. 3-383A65.

452 N.E.2d 463 (1983)

Jerome JOSHUA, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Court of Appeals of Indiana, Third District.

Rehearing Denied October 3, 1983.

Transfer Denied December 19, 1983.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, David R. Swinford, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., G. Douglas Seidman, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Presiding Judge.

On June 25, 1980, appellant Jerome Joshua was charged by indictment with felony murder, a class A felony, and robbery, a class A felony. On October 5 and 6, 1981, a jury was impaneled and preliminary instructions were read. Neither party objected to the court's instructions. In front of the jury and in the presence of the appellant, the court read the following instruction:

"To the Indictment in this case the defendants have entered...

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