BUHRT v. STATE

No. 979S250.

412 N.E.2d 70 (1980)

Phillip BUHRT, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

November 10, 1980.


Attorney(s) appearing for the Case

John F. Surbeck, Jr., Grimm & Grimm, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., Indianapolis, for appellee.


PRENTICE, Justice.

Defendant (Appellant) was convicted, after trial by jury, of one count of second degree murder. Ind. Code § 35-1-54-1 (Burns 1975). This direct appeal challenges the sufficiency of the evidence to support the verdict.

On the rainy night of May 29, 1976, the defendant, John Carlin, and John Shock were headed south on State Road 5 in a blue pick-up truck. The defendant was driving. Carlin sat in the middle, and Shock sat by the passenger...

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