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MORRISON v. STATE

No. 45A05-9108-CR-274.

588 N.E.2d 527 (1992)

Herman Ruffin MORRISON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

March 16, 1992.

Attorney(s) appearing for the Case

Nathaniel Ruff, Appellate Public Defender, Crown Point, for appellant-defendant.

Linley E. Pearson, Atty. Gen. of Indiana and Richard C. Webster, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

BARTEAU, Judge.

A jury that was instructed on both murder1 and voluntary manslaughter2 found Herman Morrison guilty of murder. Morrison argues in this direct appeal that reversible error occurred because (1) the voluntary manslaughter instruction incorrectly informed the jury that the prosecution has the burden of proof on sudden heat, the statutory factor that mitigates...

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