FISHER v. STATE

No. 683S242.

468 N.E.2d 1365 (1984)

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

Supreme Court of Indiana.

Rehearing Denied November 27, 1984.


Attorney(s) appearing for the Case

John F. Davis, Mary Jane Humphrey, Law Office of John Davis, Evansville, for appellant.

Linley E. Pearson, Atty. Gen., Lisa M. Paunicka, Deputy Atty. Gen., Indianapolis, for appellee.


HUNTER, Justice.

The defendant, James Fisher, Jr., was convicted by a jury of felony murder, Ind. Code § 35-42-1-1(2) (Burns 1979 Repl.), and was sentenced to a term of imprisonment of thirty-five years. He raises the following issues in this direct appeal:

1. Whether the trial court erred in denying his motion to poll the jury;

2. Whether the trial court erred in refusing to instruct the jury on the lesser included offense of robbery;

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