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CAIN v. STATE

No. 372S33.

300 N.E.2d 89 (1973)

James John CAIN a/k/a Johnny Melvin Cain, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied September 24, 1973.

Attorney(s) appearing for the Case

Robert S. McCain, Harold W. Myers, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, for appellee.

ARTERBURN, Chief Justice.

The sole issue presented on this appeal of a second degree murder conviction is one of the admissibility of hearsay evidence. Our statute, IC 1971, 35-1-54-1 [Burns' Ind. Stat. Ann. § 10-3404 (1956 Repl.)], defines the crime of second degree murder as follows: "Whoever, purposely and maliciously, but without premeditation, kills any human being, is guilty of murder in the second degree."

At his trial before a jury, the defendant...

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