HORTON v. STATE

No. 476S98.

354 N.E.2d 242 (1976)

Clarence HORTON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

September 23, 1976.


Attorney(s) appearing for the Case

Robert R. Garrett, Merrillville, for appellant.

Theodore L. Sendak, Atty. Gen., Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, for appellee.


DeBRULER, Justice.

Appellant, Clarence Horton, appeals from his conviction of second degree murder, Ind. Code § 35-1-54-1 (Burns 1975), for which he was sentenced to fifteen to twenty-five years imprisonment.

On December 17, 1974, appellant and two companions visited the Shrimp Harbor Restaurant in East Chicago in the early morning hours. At the Shrimp Harbor appellant was approached by the victim, who owned a nearby tavern, called "The Place." The victim...

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