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MILLAR v. STATE

No. 572S58.

295 N.E.2d 814 (1973)

Michael Edward MILLAR, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied July 19, 1973.

Attorney(s) appearing for the Case

Anthony V. Luber, South Bend, for appellant.

Theodore L. Sendak, Atty. Gen., Darrel K. Diamond, Deputy Atty. Gen., for appellee.

GIVAN, Justice.

Appellant was charged by indictment with first degree murder. Trial by jury resulted in a verdict of guilty of second degree murder. He was sentenced to the Indiana State Prison during life.

The record reveals the following evidence:

The appellant and Paulette Couch Szczesniak lived together in 1970. During this time he beat and threatened her and, as a result, she attempted to sever their relationship. Shortly thereafter appellant...

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