¶1Concurring Opinion
¶2I concur in the opinion of the majority, but would order the appellant discharged rather than ordering a new trial. We are clearly authorized by A.P. Rule 15 (m), and our recent holding in Banks v. State (1971), 257 Ind. 530, 276 N. E. 2d 155, to order discharge rather than retrial.
¶3Prentice, J., concurs.
¶4Note. — Reported in 279 N. E. 2d 202.