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SIMS v. STATE

No. 3-685A160.

482 N.E.2d 1182 (1985)

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

Court of Appeals of Indiana, Third District.

Opinion on Rehearing November 25, 1985.

Attorney(s) appearing for the Case

Edward C. Hilgendorf, South Bend, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

HOFFMAN, Judge.

John Sims was convicted in a jury trial of theft pursuant to IND. CODE § 35-43-4-2(a) which defines theft as knowingly or intentionally exerting unauthorized control over property of another person with intent to deprive that person of any part of its value or use.

On appeal, Sims presents two issues for review:

(1) whether the trial court erred in charging the jury in accordance with State's Instruction No. 3 and (2...

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