BERRY v. STATE

No. 977S640.

376 N.E.2d 808 (1978)

William A. BERRY, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

May 30, 1978.


Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Indianapolis, for appellee.


GIVAN, Chief Justice.

Appellant was convicted of second degree murder and sentenced to 15 to 25 years' imprisonment. The evidence most favorable to the State indicates that on August 30, 1976, appellant entered a candy store in Gary. The decedent, Frank Mathis, then entered and began shouting at the appellant. As the two started to argue the store owner, Stan Hess, ordered them to leave. Mathis left and ran across the street. As appellant was leaving the store Mathis...

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