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PORTER v. STATE

No. 83A05-9602-CR-57.

671 N.E.2d 152 (1996)

Dwayne A. PORTER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied December 4, 1996.

Attorney(s) appearing for the Case

Larry Crawford Thomas, Clinton, for Appellant-Defendant.

Pamela Carter, Attorney General, Phillip D. Hatfield, Deputy Attorney General, Indianapolis, for Appellee-Plaintiff.

OPINION

RUCKER, Judge.

After a trial by jury Defendant-Appellant Dwayne Porter was convicted of battery with a deadly weapon, a Class C felony.1 He now appeals raising a single issue for our review: whether the trial court erred by instructing the jury on attempted voluntary manslaughter and battery with a deadly weapon as lesser-included offenses of attempted murder. We affirm.

On the night of January 27, 1995 Porter...

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