Legal Opinion

Sedelbauer v. State

Indiana Court of Appeals

Decided June 10, 1980No. 3-1179A302PublishedCited by 2 opinions

1Opinion of the Court

YOUNG, Judge.

ON PETITION FOR REHEARING

The State petitions for rehearing in this cause on the grounds that this Court erroneously decided the appeal on the basis of an issue which was not properly preserved for review. On the basis of McCague v. New York, Chicago & St. Louis Ry., (1947) 225 Ind. 83, 71 N.E.2d 569, 73 N.E.2d 48, we agree. Nevertheless we remain of the same opinion regarding the sufficiency of evidence to warrant a pandering instruction. We grant rehearing insofar as reversal is based on the misleading effect of the instruction complained of, and take this opportunity to…

2Cases cited20 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  3. Jacobellis v. OhioSupreme Court of the United States · 1964
  4. Ginzburg v. United StatesSupreme Court of the United States · 1966
  5. Redrup v. New YorkSupreme Court of the United States · 1967

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3Cited by2 opinions

  1. Sedelbauer v. StateIndiana Supreme Court · 1981
  2. Sedelbauer v. StateIndiana Supreme Court · 1981

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