SMITH v. STATE

No. 885 S 336.

524 N.E.2d 791 (1988)

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

Supreme Court of Indiana.

June 23, 1988.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, M.E. Tuke, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.


PIVARNIK, Justice.

On February 20, 1985, a Lake County Superior Court jury found Defendant-Appellant Cleveland Smith guilty of Murder. The trial court subsequently sentenced Smith to a term of fifty (50) years.

The only issue Smith presents in his direct appeal is the lack of sufficient evidence to identify him as the person firing the shots which caused the victim's death.

Smith's claim of error is based on a conflict of the evidence rather than a...

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