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Webb v. State

Supreme Court of Indiana
Jul 1, 1970
254 Ind. 341 (Ind. 1970)

Opinion

No. 469S70.

Filed July 1, 1970. No petition for rehearing filed.

From the Owen Circuit Court, Austin B. Childress, Judge.

Appeal from overruling of motion for continuance.

Reversed with Instructions.

George N. Craig, of Brazil, Charles W. Edwards, of Spencer for appellant.

Theodore L. Sendak, Attorney General, R. Michael Bruney, Deputy Attorney General, for appellee.


The appellant was convicted in the Owen Circuit Court of the crime of theft as defined by Ind. Ann. Stat. § 10-3030 (1969 Supp.), and sentenced to the Indiana State Prison for a term of not less than one (1) nor more than ten (10) years, fined five-hundred dollars ($500.00) and ordered to pay the costs.

On appeal the appellant contends that he was denied a fair trial by reason of the trial court overruling the appellant's attorney's motion for a continuance, thereby causing the appellant to be represented at trial by another attorney who was not familiar with the appellant's case and who was not adequately prepared to defend the appellant.

In its brief the appellee State of Indiana expressed agreement with the appellant's contentions, and confessed error by stating:

". . . the State respectfully recommends that this Court reverse the trial court's decision and order a new trial."

Accordingly, the judgment of the trial court is reversed with instructions to grant the appellant's Motion for a New Trial.

NOTE. — Reported in 259 N.E.2d 651.


Summaries of

Webb v. State

Supreme Court of Indiana
Jul 1, 1970
254 Ind. 341 (Ind. 1970)
Case details for

Webb v. State

Case Details

Full title:WEBB v. STATE OF INDIANA

Court:Supreme Court of Indiana

Date published: Jul 1, 1970

Citations

254 Ind. 341 (Ind. 1970)
259 N.E.2d 651

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