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(DOWNLOAD) "Michael J. Mckinley v. State Indiana" by Supreme Court of Indiana No. 779S206 ~ Book PDF Kindle ePub Free

Michael J. Mckinley v. State Indiana

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eBook details

  • Title: Michael J. Mckinley v. State Indiana
  • Author : Supreme Court of Indiana No. 779S206
  • Release Date : January 12, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Petitioner sought post-conviction relief in the Marion Superior Court, Criminal Division, Room 4, under Ind. R.P.C. 1. He now appeals the denial of that relief to this Court under Ind. R.P.C. 1, § 7. Petitioner had been convicted by a jury of two counts of armed robbery, Ind. Code § 35-13-4-6 (Burns 1975) on February 8, 1977. The jury set the sentences at ten years on count I and twenty years on count II, and the court determined that the sentences should run consecutively. These convictions were affirmed by this Court. McKinley v. State, (1978) 269 Ind. 240, 379 N.E.2d 968. The evidence in the record of the original trial indicates that petitioner and an accomplice entered the Norwaldo Pharmacy in Indianapolis, Indiana, at approximately 6:30 p.m. on October 6, 1976. Petitioner brandished a handgun and ordered Ruth Steinkeler, the cashier at the store and wife of the owner, to empty the cash register into a drawer. Petitioner then took a wallet from Herman Steinkeler, the sole proprietor of the Norwaldo Pharmacy, and ordered him to turn over store money and his personal wristwatch. Petitioner contends that the robbery of Mr. Steinkeler's personal belongings and money of the Norwaldo Pharmacy, a sole proprietorship owned by Mr. Steinkeler, constituted only one armed robbery under the single larceny doctrine as applied in two recent decisions of this Court. Williams v. State, (1979) 271 Ind. 656, 395 N.E.2d 239; Rogers v. State, (1979) 272 Ind. 65, 396 N.E.2d 348.


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