WESTON v. STATE

No. 382S122.

447 N.E.2d 597 (1983)

John WESTON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

April 22, 1983.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Ind., David P. Freund, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen. of Ind., Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.


PRENTICE, Justice.

Defendant (Appellant) was convicted, after trial by jury, of Attempted Murder, Ind. Code § 35-41-5-1; § 35-42-1-1 (Burns 1979), and sentenced to thirty-eight (38) years imprisonment. This direct appeal presents two issues:

(1) Whether the evidence is sufficient to sustain the conviction.

(2) Whether the trial court erred in not giving an instruction, sua sponte, upon the lesser included offense of Attempted Voluntary...

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