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LIVINGSTON v. STATE

No. 570S110.

257 Ind. 620 (1972)

277 N.E.2d 363

HERMAN LIVINGSTON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed January 17, 1972.

Attorney(s) appearing for the Case

Palmer K. Ward, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, Robert A. Smith, Deputy Attorney General, for appellee.

PRENTICE, J.

Defendant (Appellant) was charged in two counts, the first alleging first degree murder and the second charging the killing of decedent while in perpetration of a robbery. He was found guilty of the lesser included offense of second degree murder upon the first count and sentenced to life imprisonment. No verdict was returned upon the second count. The error assigned is addressed to the sufficiency of the evidence...

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