SMITH v. STATE

No. 2-980 A 319.

417 N.E.2d 939 (1981)

James SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

March 16, 1981.


Attorney(s) appearing for the Case

Perry H. Harrold, Wilson, Coleman & Roberts, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Michael Gene Worden, Asst. Atty. Gen., Indianapolis, for appellee.


ROBERTSON, Judge.

The defendant-appellant Smith appeals his conviction of three counts of battery, Ind. Code 35-42-2-1. Smith argues that he is entitled to a new trial because of newly discovered evidence and that he had ineffective and incompetent counsel at trial.

We affirm.

Smith was convicted of three counts of battery for shooting three of his girl friend's children during a domestic argument. At trial, Smith alleged his actions constituted...

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