Kenneth Walton v. State Indiana

This case is before us upon the petition of the State of Indiana (Plaintiff-Appellee) to transfer the cause from the Court of Appeals, Fourth District, that Court having, by an unpublished opinion filed August 14, 1979, reversed the judgment of the trial court entered upon the jury verdict of guilty, as to the charge of armed felony, Ind. Code 35-12-1-1. Said opinion erroneously decided a new question of law, i.e. whether or not the aforementioned statute encompasses the possession of narcotic drugs, as the requisite underlying felony. Accordingly, that decision and the opinion are hereby vacated, and the States petition to transfer is hereby granted.