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STATE v. SMITH

No. 49A028909CR443.

562 N.E.2d 1308 (1990)

STATE of Indiana, Appellant (Plaintiff below), v. Rosemarie SMITH, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

November 26, 1990.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Office of Attorney General, Indianapolis, for appellant.

John G. Forbes, William N. Ivers, Stewart & Irwin, Indianapolis, for appellee.

ROBERTSON, Judge.

The State appeals the acquittal of defendant, Rosemarie Smith, after a bench trial. The State asserts it is authorized to bring this appeal pursuant to IND. CODE 35-38-4-2(4). Smith was charged with three counts of Battery, one count of Disorderly Conduct, and one count of Resisting Law Enforcement. The State argues the trial court erred by sustaining Smith's objection concerning evidence of events that took

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