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BERRY v. STATE

No. 3-573A61.

321 N.E.2d 207 (1974)

Daniel Martin BERRY, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 29, 1975.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, William B. Bryan, Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., David A. Miller, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge,

Berry's petition for post-conviction relief was denied by the trial court. Before his robbery conviction, he had entered a special plea of insanity. His plea averred that he had suffered from chronic alcoholism and emotional instability at the time of the robbery. The State offered observational evidence of Berry's demeanor during and after the robbery. In the opinion of court-appointed medical experts, Berry was "legally sane" when the robbery was...

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