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DELLENBACH v. STATE

No. 3-1185-A-317.

508 N.E.2d 1309 (1987)

Herbert & Randall DELLENBACH, Defendants-Appellants, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

June 11, 1987.

Attorney(s) appearing for the Case

Lawrence O. Sells, Indianapolis, for Herbert Dellenbach.

William T. Enslen, Timothy O. Malloy, Hammond, for Randall Dellenbach.

Linley E. Pearson, Atty. Gen., Theodore E. Hansen, Richard Albert Alford, Deputy Attys. Gen., Indianapolis, for the State.

STATON, Judge.

Randall and Herbert Dellenbach appeal their convictions for multiple counts arising from a furnace scam in which they preyed on elderly homeowners. They raise several issues which we have consolidated as follows:

1. Whether the convictions are supported by sufficient evidence, 2. Whether a material variance existed between the acts charged against Randall and the proof adduced at trial, 3. Whether any of Herbert's or Randall...

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