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McKINSTRY v. STATE

No. 1074S208.

338 N.E.2d 636 (1975)

Johnny B. McKinstry, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 11, 1975.

Attorney(s) appearing for the Case

Thomas H. Singer, South Bend, for appellant.

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., for appellee.

DeBRULER, Justice.

Appellant, Johnny B. McKinstry, was indicted for second degree murder, IC 35-1-54-1, being Burns § 10-3404. In a trial without jury, before Judge William A. Hosinski, appellant was found guilty of second degree murder. He was sentenced to a term of fifteen to twenty-five years and fined two hundred dollars. After the court denied his motion to correct errors, he appealed on two grounds: (1) the sufficiency...

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