HARRIS v. STATE

No. 49A02-8612-CR-434.

508 N.E.2d 834 (1987)

Robert J. HARRIS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

June 11, 1987.


Attorney(s) appearing for the Case

Carolyn W. Rader, Seth Thomas Pruden, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Lisa M. Paunicka, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee.


SHIELDS, Presiding Judge.

Robert J. Harris appeals the trial court's denial of his motion to dismiss pursuant to Ind. Rule of Appellate Procedure 4(B)(6).

We reverse.

At the close of Harris's trial for theft, a class D felony, the jury returned a verdict of not guilty.1 However, when the State polled the jury, three members disavowed the not guilty verdict. Upon inquiry by the judge, it was apparent the jurors mistakenly...

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