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TERRY v. STATE

No. 79A02-8904-PC-00188.

563 N.E.2d 1301 (1990)

James TERRY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

December 10, 1990.

Attorney(s) appearing for the Case

John B. Wilson, Jr., Nashville, for appellant.

Linley E. Pearson, Atty. Gen., Wendy Stone Messer, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

James Terry appeals the denial of his Petition for Post Conviction Relief, raising five issues for our review:

I. Whether the trial court erred in failing to instruct the jury that it is the burden of the State to negate the presence of sudden heat beyond a reasonable doubt when the defendant raises the issue and offers proof. II. Whether the trial court erred in refusing to instruct the jury on the defense of intoxication. ...

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