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ROARK v. STATE

No. 45S00-9004-CR-260.

573 N.E.2d 881 (1991)

Dennis ROARK, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 21, 1991.

Attorney(s) appearing for the Case

Albert Marshall, Appellate Div., Crown Point, for appellant.

Linley E. Pearson, Atty. Gen., Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Chief Justice.

Appellant Dennis Roark was found guilty by a jury of murdering his girlfriend, their two small children, and the girlfriend's mother. The court sentenced him to death. On direct appeal, he presents four issues, one of which we find dispositive: Did the trial court commit reversible error by failing to instruct the jury on the issue of sudden heat?

At trial, defense counsel tendered the following...

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