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STATE v. COMERFORD

No. 3-385A48.

484 N.E.2d 993 (1985)

STATE of Indiana, Appellant (Plaintiff below), v. David A. COMERFORD, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

November 7, 1985.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen. of Ind., Jay Rodia, Deputy Atty. Gen., Indianapolis, for appellant.

HOFFMAN, Judge.

The State of Indiana by its Attorney General (State) appeals a judgment of acquittal in favor of David Comerford (Comerford). The trial court found Comerford not guilty of illegal consumption of alcohol,1 a Class C misdemeanor. The State premises its appeal on IND. CODE § 35-38-4-2.

The evidence relevant to this appeal discloses that Comerford, a minor, consumed four or five beers while visiting his mother...

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