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RUST v. STATE

No. 184S38.

477 N.E.2d 262 (1985)

Don Carlyle RUST, II, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

April 30, 1985.

Attorney(s) appearing for the Case

J.A. Cummins, Public Defender for Delaware County, Muncie, Ind., for appellant.

Linley E. Pearson, Atty. Gen., Phillip B. Rarick, Deputy Atty. Gen., Indianapolis, Ind., for appellee.

HUNTER, Justice.

The defendant, Don Carlyle Rust, II, was charged under Count I with felony-murder, Ind. Code § 35-42-1-1(2) (Burns 1979 Repl.), wherein the underlying felony was kidnapping, and he was also charged with a separate count of kidnapping, Ind. Code § 35-42-3-2(b)(2) (Burns 1979 Repl.). Since an intentional killing was committed during the course of this kidnapping, the prosecutor also filed for imposition of the death sentence.

Pursuant...

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