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Last updated on Wednesday, June 6, 2007
(INDIANAPOLIS) - A typo has led to a new trial for a man found guilty in an Indianapolis murder.
Tony Perry has been serving a 70-year sentence in the shooting death two years ago of Richard Bailey. His jury sent a note asking the judge to clarify the testimony of a key prosecution witness, Perry's alleged getaway driver.
The note asked if the witness had told a detective Perry fired "maybe a couple" of shots.
The answer the court sent back mistakenly said that *Perry* had said that.
Neither side noticed at the time, but a 2-1 court of appeals says the typo was substantial enough that it may have tipped the verdict.
Prosecutors accuse Perry of shooting Bailey after he asked Bailey for ecstasy, and Bailey told him he didn't do pills and slammed his car door.
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