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PARKER v. STATE

No. 1078S245.

425 N.E.2d 628 (1981)

Tyrone PARKER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 10, 1981.

Attorney(s) appearing for the Case

John E. Leeney, Hammond, for appellant.

Theodore L. Sendak, Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Defendant (Appellant) was convicted of Count I, Murder in the First Degree, and Count II, Murder in the Perpetration of a Robbery, Ind. Code § 35-13-4-1(a) (Burns 1975), after trial by jury and sentenced to life imprisonment.1 This direct appeal presents the following issues:

(1) Whether the trial court committed fundamental error in failing to instruct the jury concerning Defendant's failure to testify...

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