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WALLACE v. STATE

No. 276S56.

363 N.E.2d 956 (1977)

Herman Darrell WALLACE, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 10, 1977.

Attorney(s) appearing for the Case

Stephen H. Meyer, Schererville, for appellant.

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

GIVAN, Chief Justice.

Appellant was charged by indictment of first-degree murder. Trial by jury resulted in a verdict of murder in the second-degree. Judgment was rendered sentencing appellant to the Indiana State Prison for not less than 15 nor more than 25 years.

The record discloses the following facts: On September 2, 1974, Patricia Aycock was married to the appellant, Herman Darrell Wallace. However, divorce proceedings had been filed. On the day in question...

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