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NADING v. STATE

No. 177S34.

377 N.E.2d 1345 (1978)

Eric NADING, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

July 10, 1978.

Attorney(s) appearing for the Case

George J. Lewis, Lineback & Lewis, Greenfield, for appellant.

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

PRENTICE, Justice.

Defendant (Appellant) was charged by indictment with First Degree Murder, Ind. Code § 35-13-4-1 (Burns 1975), for the shooting death of David Burton. Following a trial by jury, Defendant was found guilty of Second Degree Murder, Ind. Code § 35-1-54-1 (Burns 1975), and he was sentenced to life imprisonment. This direct appeal presents the following issues:

(1) Whether it was error for the trial court to consider the in-trial testimony...

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