STATE v. HARNER

No. 782S258.

450 N.E.2d 1005 (1983)

STATE of Indiana, Appellant (Plaintiff below), v. Billy Joe HARNER, Appellee (Defendant below).

Supreme Court of Indiana.

July 18, 1983.


Attorney(s) appearing for the Case

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


HUNTER, Justice.

This is an appeal by the state on a reserved question of law pursuant to Ind. Code § 35-1-47-2(4) (Burns 1982 Supp.). The defendant was acquitted of murder by a jury on December 22, 1981. The state now asks us to review the following two issues: whether the court erred in refusing to give two of the state's tendered instructions on lesser included offenses; and whether the defendant may be retried.

There are several well-settled principles...

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