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SCHMITT v. STATE

No. 44A03-9306-CR-193.

634 N.E.2d 71 (1994)

Diane SCHMITT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

May 11, 1994.

Attorney(s) appearing for the Case

Latriealle Wheat, Angola, for appellant-defendant.

Pamela Carter, Atty. Gen. of Indiana, Julie Zandstra Frazee, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, IN, for appellee-plaintiff.

GARRARD, Judge.

Diane Schmitt appeals her conviction for theft, a Class D felony,1 resulting from a check that was dishonored because the account was closed. We reverse.

The state presented two witnesses at trial; the defense, none. The state's first witness was the office manager of Riegseckers, Inc. She identified State's Exhibit 1 as a check that had been received by the store and returned with the indication that the account...

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