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HENDERSON v. STATE

No. 49S05-9908-CR-440.

715 N.E.2d 833 (1999)

Anthony HENDERSON, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

September 1, 1999.

Attorney(s) appearing for the Case

Mark Small, Marion County Public Defender Agency, Indianapolis, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Rosemary Borek, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

SHEPARD, Chief Justice.

How close to someone else's licensed handgun can you get before the law deems you to be "carrying" it without a license? The evidence in Anthony Henderson's case showed proximity, but no apparent action to exercise dominion over the gun. This was insufficient to sustain his conviction. We therefore reverse.

Facts and Procedural History

On July 5, 1997, Anthony Henderson was riding home from a barbeque in a car driven by his...

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