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SMITH v. STATE

No. 285S57.

490 N.E.2d 300 (1986)

Willie SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 26, 1986.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, June D. Oldham, Deputy Public Defender, Indianapolis, for appellant.

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

PIVARNIK, Justice.

Defendant-Appellant Willie Smith was found guilty by a jury in the St. Joseph County Superior Court of the crime of murder, and he was also found to be an habitual offender. The trial court subsequently sentenced him to a term of seventy (70) years.

Five issues are presented for our consideration in this direct appeal as follows:

1. exclusion of testimony of victim's declaration shortly before she died;

2. sufficiency of...

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