[Download] "Jimmie Lee Elmore v. State Indiana" by Supreme Court Of Indiana * eBook PDF Kindle ePub Free
eBook details
- Title: Jimmie Lee Elmore v. State Indiana
- Author : Supreme Court Of Indiana
- Release Date : January 08, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This case comes to us on a transfer petition from the Court of Appeals, Second District. Following a bench trial in the Marion Criminal Court on March 12, 1976, appellants Elmore, Lamb and Montgomery were convicted of theft and conspiracy to commit theft. Each was fined $100 and sentenced to one to ten years imprisonment for the theft and two to fourteen years for the conspiracy. On appeal, the judgment of the trial court was affirmed. Elmore v. State, (1978) Ind. App., 375 N.E.2d 660. However, the Court of Appeals with one Judge Dissenting held, sua sponte, that the "lesser offense of theft is merged into the greater offense of conspiracy" and thus remanded the cause for vacation of the theft sentence. Id. at 661. The state petitions this court to transfer this case and to set aside the judgment of the Court of Appeals.