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GAMBILL v. STATE

No. 183 S 11.

479 N.E.2d 523 (1985)

John GAMBILL, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 26, 1985.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, C.H. Gardner, Deputy Public Defender, Indianapolis, for appellant.

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

GIVAN, Chief Justice.

Appellant was convicted by a jury of Murder. He received a sixty (60) year sentence.

The facts are: The victim, Ricky Martinez, was virtually unconscious following several hours of alcohol consumption at a party. Some of Martinez's friends carried him to a pickup truck. The friends placed Martinez in the cab of the truck and left. The following morning they returned to the truck and found him on the ground beside

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