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UNDERWOOD v. STATE

No. 79S00-8609-CR-816.

515 N.E.2d 503 (1987)

Hurley Eugene UNDERWOOD, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied February 5, 1988.

Attorney(s) appearing for the Case

Jay T. Hirschauer, Logansport, for appellant.

Linley E. Pearson, Atty. Gen., Cheryl L. Greiner, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Attempted Rape While Armed With a Deadly Weapon and Criminal Confinement With a Deadly Weapon. Appellant received a sentence of forty (40) years for the attempted rape and four (4) years for the confinement, the sentences to be served concurrently.

The facts are: On October 16, 1984, at approximately 11:00 a.m., H.R. was jogging on South River Road just outside of West Lafayette, Indiana...

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