MILLER v. STATE

No. 24A01-8602-CR-29.

496 N.E.2d 592 (1986)

Kipley MILLER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied September 19, 1986.


Attorney(s) appearing for the Case

Jack R. Shields, Shields & Jones, Batesville, for appellant.

Linley E. Pearson, Atty. Gen., Jay Rodia, Deputy Atty. Gen., Indianapolis, for appellee.


ROBERTSON, Presiding Judge.

Appellant-defendant Kipley Miller (Miller) appeals his conviction after a bench trial for the offense of receiving payment while indebted, a class D felony.

We reverse.

A summary of the facts shows that Miller contracted with Estil Spurlock in 1977 to build the Spurlocks a house. During construction, Miller accepted three installment payments totalling $28,900 from the Spurlocks but did not inform them that he had not yet...

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