McGAIRK v. STATE

No. 1-879-A-229.

399 N.E.2d 408 (1980)

Alex McGairk, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

January 16, 1980.


Attorney(s) appearing for the Case

John F. Strain, Richmond, for appellant.

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


ROBERTSON, Presiding Judge.

Defendant-appellant Alex McGairk (McGairk) appeals his conviction by jury of reckless homicide. See Ind. Code 35-42-1-5. We affirm.

As properly construed, the record reveals the following sequence of events. In the early evening hours of October 13, 1978, McGairk was engaged in a phone conversation at the Onyx Lodge in Richmond, Indiana. The small patronage included one William Garrett and the victim, Gene Tuttle. McGairk...

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