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SMITHHART v. STATE

No. 65A05-9109-CR-285.

591 N.E.2d 149 (1992)

Claude Gene SMITHHART, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

May 11, 1992.

Attorney(s) appearing for the Case

William W. Gooden, Mt. Vernon, for appellant-defendant.

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

BAKER, Judge.

Defendant-appellant Claude Gene Smithhart appeals his conviction for two counts of ownership or possession of a bomb,2 Class C felonies. The sole issue he raises is whether the trial court erred by refusing to instruct the jury that possession of fireworks was an included offense of ownership or possession of a bomb.

FACTS

On February 16, 1991, Smithhart watched his nephew Tim Baier cut a piece of plastic...

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