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SMITH v. STATE

No. 4-1083A337.

471 N.E.2d 733 (1984)

Eddie James SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

December 12, 1984.

Attorney(s) appearing for the Case

Michael A. Dvorak, South Bend, for appellant.

Linley E. Pearson, Atty. Gen., Latriealle Wheat, Deputy Atty. Gen., Indianapolis, for appellee.

YOUNG, Judge.

Eddie James Smith was convicted after a jury trial of burglary, a Class C felony under IND. CODE 35-43-2-1 (1982). He raises three issues on appeal, but because we find the trial court erred in denying Smith's motion for a mistrial, we need address only that issue.

We reverse.

The relevant facts are as follows. In order to convict Smith on the instant charge, the state introduced testimony...

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