McKINSTRY v. STATE

No. 71A03-9508-CR-273.

660 N.E.2d 1052 (1996)

Ray McKINSTRY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff

Court of Appeals of Indiana.

Transfer Denied April 3, 1996.


Attorney(s) appearing for the Case

Deborah K. Hays, Granger, for Appellant.

Pamela Carter, Attorney General, Preston W. Black, Deputy Attorney General, Office of Attorney General Indianapolis, for Appellee.


OPINION

GARRARD, Judge.

This appeal presents the question of whether a criminal defendant's false alibi statements may be admitted as part of the state's case in chief since the adoption of the Indiana Rules of Evidence. We hold that, depending upon the circumstances of the defendant's utterance, such statements may be found relevant and are admissible within the trial court's discretion.

We begin by reviewing the facts. On January 12, 1995, Ray...

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