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JONES v. STATE

No. 469-S-80.

253 Ind. 456 (1970)

255 N.E.2d 105

JONES v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed February 6, 1970.

Attorney(s) appearing for the Case

Robert J. Fink, Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, Edward S. Neal, Deputy Attorney General, for appellee.

No petition for rehearing filed.

ARTERBURN, J.

Appellant was charged by indictment with first degree murder in the shooting death of his wife. The cause was submitted to trial by jury which resulted in appellant being found guilty of murder in the second degree.

Burns' Ind. Stat. Ann. § 10-3404 defines the offense of second degree murder as follows:

"Whoever, purposely and maliciously, but without...

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