BURKE v. STATE

No. 49S00-9808-CR-478.

719 N.E.2d 1211 (1999)

Charles BURKE, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

November 19, 1999.


Attorney(s) appearing for the Case

Robert V. Clutter, Indianapolis, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Kathryn Janeway, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.


SHEPARD, Chief Justice.

Appellant Charles Burke contends that a jury wrongly convicted him of murder inasmuch as the evidence showed he killed in sudden heat, making the crime voluntary manslaughter instead. We conclude there was ample evidence that Burke had time to contemplate his actions and therefore affirm.

Burke and Margaret Allison lived together for nine years until the relationship went south and she asked him to move out of the house. As they began...

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