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SEELEY v. STATE

No. 60A05-9606-PC-224.

678 N.E.2d 1137 (1997)

Tearsa Ann SEELEY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied June 25, 1997.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Richard Denning, Deputy Public Defender, Indianapolis, for Appellant-Defendant.

Pamela Carter, Attorney General, Rafal Ofierski, Deputy Attorney General, Indianapolis, for Appellee-Plaintiff.

OPINION

BARTEAU, Judge.

A jury convicted Tearsa1 Seeley of felony murder in connection with the robbery and death of Douglas M. Crawford. The jury was erroneously instructed that Seeley bore the burden of proving her defense of intoxication. This error requires reversal of Seeley's conviction.

FACTS

Crawford gave Seeley and two of her friends a ride from Indianapolis to Owen County. During the ride Seeley...

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