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SMITH v. STATE

No. 1181S333.

459 N.E.2d 355 (1984)

Dell Ray SMITH a/k/a Dell Ray Watford, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied May 11, 1984.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, David P. Freund, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Following a trial by jury, Defendant (Appellant) was convicted of Attempted Murder, a class A felony, Ind. Code §§ 35-41-5-1 and 35-42-1-1 (Burns 1979) and sentenced to thirty (30) years imprisonment. His direct appeal presents seven (7) issues for review, one of which compels us to reverse the judgment of the trial court.

In an amended Information the Defendant was charged as follows:

"On or about the 31st day of July...

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