SMITH v. STATE

No. 48S00-9112-CR-1009.

609 N.E.2d 1088 (1993)

Edward L. SMITH, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied May 11, 1993.


Attorney(s) appearing for the Case

William Byer, Jr., Byer & Byer, Anderson, for appellant.

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


GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Murder, for which he received an enhanced sentence of sixty (60) years.

The facts are: On August 29, 1990, guards at the Indiana Reformatory noticed two inmates fighting. They testified that one inmate, later identified as appellant, lunged toward the second inmate and struck him in the chest with what appeared to be a knife. The guards shouted at the inmates to stop fighting, whereupon...

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