BROWN v. STATE

No. 977S658.

383 N.E.2d 1029 (1978)

Rudolph BROWN, Jr., Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 28, 1978.


Attorney(s) appearing for the Case

Kenneth R. Cady, Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., Elmer Lloyd Whitmer, Deputy Atty. Gen., Indianapolis, for appellee.


DeBRULER, Justice.

Appellant was convicted of second degree murder, Ind. Code § 35-1-54-1 (Burns 1975) repealed October 1, 1977, in the killing of Annetta Russ. On appeal he challenges the sufficiency of the evidence of malice and purpose.

Appellant and Ms. Russ shared a residence in Indianapolis. On the night of November 22-23, they had one or two guests in their home with whom they drank some vodka. Later than night appellant and Ms. Russ began to argue...

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