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AL-SAUD v. STATE

No. 02S03-9505-JV-498.

658 N.E.2d 907 (1995)

Laith AL-SAUD, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 20, 1995.

Attorney(s) appearing for the Case

Jack A. Mochamer, P. Stephen Miller, Fort Wayne, for appellant.

Pamela Carter, Attorney General, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, for appellee.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Resolving a conflict which has emerged in opinions of the Court of Appeals, we hold that a firearm need not be loaded to create a substantial risk of bodily injury under Indiana's criminal recklessness statute, Ind. Code § 35-42-2-2.

Background

On October 31, 1992, fourteen year old Laith Al-Saud and several of his friends were at a house party when Jeremy Smith and Eric Smith walked...

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