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SMITH v. STATE

No. 584S195.

475 N.E.2d 1139 (1985)

Charles SMITH, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied May 30, 1985.

Attorney(s) appearing for the Case

Barrie C. Tremper, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Theodore E. Hansen, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant was charged with Murder and Felony Murder. He was also charged with being an Habitual Offender. In a trifurcated hearing, before a jury, appellant was found guilty of both Murder and Felony Murder. In a subsequent hearing the jury recommended the imposition of the death penalty. In the last hearing the jury found appellant to be an Habitual Offender. The trial court imposed the death penalty.

The facts are: At about 4:00 P.M...

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