No. 02A03-9005-PC-209.

569 N.E.2d 349 (1990)

James HINKLE, Sr., Petitioner-Appellant, v. STATE of Indiana, Respondent-Appellee.

Court of Appeals of Indiana, Third District.

Transfer Denied February 6, 1991.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Addie D. Hailstorks, Deputy Public Defender, Indianapolis, for petitioner-appellant.

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


Hinkle was tried by jury and was convicted of murder. His conviction was affirmed by the supreme court on direct appeal. Hinkle v. State (1984), Ind., 471 N.E.2d 1088. He now appeals from denial of his subsequent petition for post conviction relief.

At his trial no instruction was requested or given specifically advising the jury about the presumption of innocence. He contends this constituted fundamental...

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