No. 15S04-9104-CR-300.

569 N.E.2d 948 (1991)

Michael SPRADLIN and Timothy Spradlin, Appellants, (Defendants below), v. STATE of Indiana, Appellee. (Plaintiff below).

Supreme Court of Indiana.

April 15, 1991.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender and David P. Freund, Deputy Public Defender, Indianapolis, for Michael Spradlin.

Brent Westerfeld, Indianapolis, for Timothy Spradlin.

Linley E. Pearson, Atty. Gen. and Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for the State.

KRAHULIK, Justice.

Michael Spradlin and Timothy Spradlin ("the Spradlins"), in separate petitions to transfer, ask this Court to clarify the question as to whether or not it is reversible error to fail to instruct the jury that, in order to find the defendants guilty of attempted murder, the State must prove that, at the time of the commission of the act, the defendants intended to kill the victim. We answer that question in the affirmative and hold that the jury...

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