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ASHBAUGH v. STATE

No. 678S117.

400 N.E.2d 767 (1980)

Ollie ASHBAUGH, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

February 13, 1980.

Attorney(s) appearing for the Case

William F. Marshall, Dalmbert & Marshall, Columbus, for appellant.

Theodore L. Sendak, Atty. Gen., Palmer K. Ward, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-appellant Ollie Ashbaugh was convicted by a jury in Bartholomew Superior Court of second degree murder, Ind. Code § 35-1-54-1 (Burns 1975). This charge arose out of the shooting death of appellant's husband, Kenneth Ashbaugh, at their home on May 13, 1977. Appellant was first charged with voluntary manslaughter, but an alternative count charging second degree murder was later added to the information. Appellant was sentenced by the...

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