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JUDY v. STATE

No. 2-684A189.

470 N.E.2d 380 (1984)

John JUDY, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

November 8, 1984.

Attorney(s) appearing for the Case

Charles H. Criss, Pauper Counsel, Miami Superior Court, Peru, for defendant-appellant.

Linley E. Pearson, Atty. Gen. of Indiana, John D. Shuman, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Judge.

Following a jury trial appellant Judy was convicted of battery as a Class C felony. The evidence favorable to the verdict discloses that Judy beat the victim with a pool cue and kicked him in the face, chest and right leg causing, among other injuries, a broken leg.

At the time of Judy's trial, IC 35-37-1-1 provided that a defendant charged with a Class C felony was triable by a twelve person jury "unless the defendant and the prosecuting attorney...

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