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539 N.E.2d 956

Helton v. State

Indiana Supreme Court

Decided June 22, 1989

Indiana Supreme Court · decided 1989-06-22

Cited by 8 later decisions — most recently May 2007

8 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1989-06-22

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DeBRULER, Justice,

¶1dissenting.

¶2The evidence serving to identify appel lant Helton as a participant in this burglary consists of trial testimony describing the victim's pretrial identification of him as one of the two burglars from a three-year-old photograph, taken when he had no beard, and the trial testimony of the victim that the second burglar was the gentlemen sitting in the court room next to Mr. Farrow, one of the defense counsel, dressed in a blue shirt. The man in the blue shirt was not otherwise identified as appellant by name or by reference to him as the defendant. Based on this record, the identification of appellant as a participant in the *959burglary was insufficient to support the judgment.

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