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WINEGEART v. STATE

No. 20A04-9403-CR-96.

644 N.E.2d 180 (1994)

Steve WINEGEART, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

December 15, 1994.

Attorney(s) appearing for the Case

Brent Westerfeld, Indianapolis, for appellant.

Pamela Carter, Atty. Gen., Jodi Kathryn Rowe, Deputy Atty. Gen., Indianapolis, for appellee.

OPINION

RATLIFF, Senior Judge.

STATEMENT OF THE CASE

Steve Winegeart appeals from his conviction of burglary, a class B felony.

We reverse and remand for a new trial.

ISSUE

Whether the jury instruction defining "reasonable doubt" constitutes fundamental error?

FACTS

On the evening of April 30, 1993, Winegeart was in the company of two friends. The trio went to an apartment...

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