TOLIVER v. STATE

No. 278S18.

372 N.E.2d 452 (1978)

James Earl TOLIVER, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

February 8, 1978.


Attorney(s) appearing for the Case

David W. Foley, Mullin, Foley & Gilroy, Indianapolis, for appellant.

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


OPINION ON TRANSFER

GIVAN, Chief Justice.

The State of Indiana has filed a petition to transfer from the Court of Appeals' opinion reversing the trial court's conviction of the appellant for assault with intent to commit statutory rape. The issue on transfer is whether an adequate instruction on reasonable doubt requires language specifically instructing the jury as to the degree of certainty necessary for conviction. It is appellant's contention that he...

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