CUNNINGHAM v. STATE

No. 169S20.

256 Ind. 135 (1971)

267 N.E.2d 181

LOTHER LEE CUNNINGHAM v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied April 20, 1971.


Attorney(s) appearing for the Case

Frederick J. Graf, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, Robert F. Hassett, Deputy Attorney General, for appellee.


ARTERBURN, C.J.

This is an appeal from the Marion Criminal Court, Division I, where the defendant entered a plea of not guilty to the charge of first degree murder. The jury returned a verdict of guilty of second degree murder and the defendant was sentenced to the Indiana State Prison for life.

The facts indicate that on March 4, 1967, Mary Massey, the decedent, told the police that the appellant had threatened her...

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