MONTGOMERY v. STATE

No. 45S00-8610-CR-924.

521 N.E.2d 1306 (1988)

Jerry MONTGOMERY, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied July 14, 1988.


Attorney(s) appearing for the Case

Daniel L. Bella, Appellate Public Defender, Crown Point, for appellant.

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


GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Murder for which he received a sentence of forty (40) years.

The facts are: On November 2, 1985, while visiting the home of his father's former girl friend, appellant, who was carrying a.357 magnum handgun, stated his intention to kill his father, Floyd Montgomery, Sr., who had shot appellant during an argument in 1983. Around 5:00 p.m. the following day, the elder Montgomery was talking...

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