Ascherman v. State

STATON, Judge.

OPINION ON PETITION FOR REHEARING

James Ascherman petitions for rehear ing, alleging that the July 24, 1991, 575 N.E.2d 277, opinion incorrectly disposed of Issue C raised in his appellate brief. Issue C (Issue III in the published opinion) concerned the procedure by which State's Exhibit 10 was reviewed by the jury. The Brief of the Appellant, at p. 22 stated: "Ascherman also sought, on the authority of Thomas v. State (1972) 259 Ind. 537, 289 N.E.2d 508, to keep State's Exhibit 10 from going to the jury. [R. III. pp. 647-659] This request was refused by the trial court."

Ascherma…