No. 579S122.

397 N.E.2d 282 (1979)

Darryl Lynn HINTON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied February 20, 1980.

Attorney(s) appearing for the Case

William J. Moran, Highland, for appellant.

Theodore L. Sendak, Atty. Gen., Cindy A. Ellis, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, Darryl Lynn Hinton, was charged with murder, Ind. Code § 35-42-1-1 (Burns 1979 Repl.), and tried by a jury. When the jury could not reach a verdict after several hours of deliberation, the court declared a mistrial and discharged the jury. A second jury trial resulted in a verdict of guilty of voluntary manslaughter, Ind. Code § 35-42-1-3 (Burns 1979 Repl.). Defendant was sentenced to fifteen years' imprisonment and now appeals...

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