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KIRBY v. STATE

No. 1284S482.

481 N.E.2d 372 (1985)

Richard KIRBY, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied October 25, 1985.

Attorney(s) appearing for the Case

James V. Tsoutsouris, Public Defender, Porter County, James A. Johnson, Chief Deputy Public Defender, Portage, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant was convicted by a Jury of Murder in the death of his five year old son. The court sentenced appellant to sixty (60) years imprisonment.

The facts are: Appellant and Judy Kirby are the parents of two sons, Richie and Jason, the decedent. At the time of the incident, appellant and Judy were separated and Judy had custody of the sons. Richie and Jason spent the evening of December 9, 1983, at the home of their baby-sitter, Linda...

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