EVERLY v. STATE

No. 678S111.

395 N.E.2d 254 (1979)

Lewis A. EVERLY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

October 5, 1979.


Attorney(s) appearing for the Case

Patrick Brennan & Associates by Patrick Brennan, South Bend, Douglas D. Seely, Jr., Mishawaka, for appellant.

Theodore L. Sendak, Atty. Gen., Jack R. O'Neill, Deputy Atty. Gen., Indianapolis, for appellee.


PRENTICE, Justice.

Defendant was charged with first degree murder, Ind. Code 35-13-4-1 (Burns 1975). He pled not guilty and asserted that the homicide was committed in self-defense. In a trial by jury, he was convicted of second degree murder, Ind. Code 35-1-54-1 (Burns 1975), for which he was sentenced to imprisonment for not less than fifteen nor more than twenty-five years.

Four issues are presented by this direct appeal. In view of our decision upon the...

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