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STRAUB v. STATE

No. 23S00-8707-CR-703.

567 N.E.2d 87 (1991)

Gregory STRAUB, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 27, 1991.

Attorney(s) appearing for the Case

Robert W. Hammerle, Indianapolis, for appellant.

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

KRAHULIK, Justice.

Defendant-Appellant, Gregory Karl Straub, was convicted by jury in Fountain Circuit Court of one count of Battery With A Deadly Weapon, a Class C felony, and found to be an Habitual Offender, for which he was sentenced to five (5) years, enhanced by thirty (30) years, for a total of thirty-five (35) years. He appeals directly to this Court and raises the following issues:

1. Whether the trial court erred in giving an instruction on battery...

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