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HARVEY v. STATE

No. 45A03-9409-CR-362.

652 N.E.2d 876 (1995)

Macie C. HARVEY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied November 16, 1995.

Transfer Denied January 24, 1996.

Attorney(s) appearing for the Case

Charles E. Stewart, Jr., Appellate Public Defender, Crown Point, for appellant.

Pamela Carter, Atty. Gen., Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, for appellee.

OPINION

GARRARD, Judge.

After a jury trial Macie Harvey was convicted of murder. His appeal challenges one of the final instructions given by the court concerning his defense of self defense. The court gave twenty-three final instructions, eight of which related to Harvey's claim of self defense. The one challenged [Final instruction # 14] stated,

A person who is not in his home or fixed place of business and is carrying a handgun without a license...

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