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SCHMANSKI v. STATE

No. 878S175.

385 N.E.2d 1122 (1979)

Terry SCHMANSKI, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied June 5, 1979.

Attorney(s) appearing for the Case

Paul T. Cholis, South Bend, for appellant.

Theo. L. Sendak, Atty. Gen., Rollin E. Thompson, Asst. Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Defendant (Appellant) was charged with first degree murder, Ind. Code § 35-13-4-1 (Burns 1975) and convicted of the lesser included offense of second degree murder in a trial by jury. He was sentenced to imprisonment for a period of not less than fifteen (15) nor more than twenty-five (25) years. On appeal he raises the following as error:

(1) Whether there was sufficient evidence to sustain the verdict on the elements of malice and...

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