Indiana Supreme Court October 17, 1963, 30,210 (Finton v. State)

Landis, J.

Appellant was charged by affidavit with armed robbery. The first trial resulted in a mistrial being ordered by the court due to the illness of a juror. On the second trial a verdict of guilty was returned and appellant was sentenced to the Indiana

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State Prison for a period of ten years. Appellant has assigned as error the overruling of his motion for new trial.