WHITING v. STATE

No. 45S00-8606-CR-588.

516 N.E.2d 1067 (1987)

Melvin WHITING, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 22, 1987.


Attorney(s) appearing for the Case

Scott King, Crown Point, for appellant.

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


DeBRULER, Justice.

This is a direct appeal following a jury verdict finding appellant guilty of murder. The trial court sentenced him to forty (40) years imprisonment.

Appellant raises as his sole issue an allegation that two jurors were sleeping during the closing argument for the defense, resulting in a violation of his right to a fair trial.

At the sentencing hearing, when asked by the court if he had anything to say, appellant replied that a certain...

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