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ENGLAND v. STATE

No. 678S115.

383 N.E.2d 320 (1978)

Larry Thomas ENGLAND, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 20, 1978.

Attorney(s) appearing for the Case

Noble R. Pearcy, Indianapolis, for appellant.

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

GIVAN, Chief Justice.

Appellant was convicted of second degree murder and was sentenced to life imprisonment. In this appeal, he raises essentially one issue: That the verdict of the jury was not supported by sufficient evidence of premeditation, malice, and purpose. We consider only the latter two elements, as premeditation is not an element of second degree murder. IC § 35-1-54-1 [Burns 1975].

The evidence most favorable to the State reveals that the...

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