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MATHES v. STATE

No. 581S128.

437 N.E.2d 51 (1982)

Joe Tyson MATHES, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

July 19, 1982.

Attorney(s) appearing for the Case

Leroy K. New, Carmel, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-appellant, Joe Tyson Mathes, was convicted in a jury trial of Voluntary Manslaughter, Ind. Code § 35-42-1-3 (Burns Repl. 1979), in Marion Superior Court on January 13, 1981. Appellant Mathes was sentenced to fifteen (15) years in prison. He now appeals.

The sole error presented for review concerns the giving of State's tendered instruction No. 1, which is numbered 15A in the transcript. That instruction dealt with circumstances...

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