BURNEY v. STATE

No. 02S00-8811-CR-924.

554 N.E.2d 1132 (1990)

John Lewis BURNEY, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 5, 1990.


Attorney(s) appearing for the Case

Bruce R. Snyder, Deputy Public Defender, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Justice.

A jury trial resulted in a conviction of appellant of Murder, for which he received a sentence of forty (40) years with ten (10) years suspended.

The facts are: On September 20, 1987, appellant and the victim had engaged in a fight in which the victim threw appellant to the ground and beat him, leaving him with his eyes swollen and bleeding. He received treatment from a physician for his injuries.

In the early morning hours of September...

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