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GRAZIANO v. STATE

No. 42SOO-9603-CR-220.

685 N.E.2d 1064 (1997)

Danjo GRAZIANO, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

October 10, 1997.

Attorney(s) appearing for the Case

C. Michael Steiner, Washington, for Appellant.

Jeffrey Modisett, Attorney General, Michael K. Ausbrook, Deputy Attorney General, Indianapolis, for Appellee.

SHEPARD, Chief Justice.

A jury found Danjo Graziano guilty of murder, a felony,1 and the trial court sentenced him to sixty-five years in prison. On appeal, Graziano raises a single issue: whether the trial court erred by refusing his proposed jury instruction on battery as a lesser included offense of murder. We find no error, and accordingly, affirm.

Facts

On the night of August 1, 1995, Graziano was patronizing a bar...

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