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RUSSELL v. STATE

No. 2-583A156.

460 N.E.2d 1252 (1984)

Charles Monroe RUSSELL, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied May 17, 1984.

Attorney(s) appearing for the Case

Kent H. Musser, Indianapolis, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Lee Cloyd, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

RATLIFF, Judge, by designation.

STATEMENT OF THE CASE

Appellant Charles Russell appeals from his conviction by jury for criminal deviate conduct. We reverse.

FACTS

Both Russell and the victim were voluntarily admitted patients at the LaRue Carter Hospital psychiatric ward in Marion County, Indiana. In the early morning hours of May 17, 1982, victim awoke face down on his bed. His pajama bottoms had been removed and defendant Russell was...

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