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HART v. STATE

No. 375S63.

352 N.E.2d 712 (1976)

Dallas HART, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

August 17, 1976.

Attorney(s) appearing for the Case

George T. Popcheff, Indianapolis, for appellant.

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

DeBRULER, Justice.

Appellant was indicted for first degree murder, tried by jury, found guilty of second degree murder under Ind. Code § 35-1-54-1 (Burns 1975) and sentenced to a term of imprisonment of fifteen to twenty-five years.

The questions here presented concern (1) the sufficiency of the evidence to support the elements of purpose and malice and (2) the constitutionality and correctness of several of...

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