SWIGEART v. STATE

No. 48S00-9909-CR-480.

749 N.E.2d 540 (2001)

Richard D. SWIGEART, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 28, 2001.


Attorney(s) appearing for the Case

Anthony C. Lawrence, Anderson, IN, Attorney for Appellant.

Karen M. Freeman-Wilson, Attorney General of Indiana, Adam M. Dulik, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


SULLIVAN, Justice.

Defendant Richard Swigeart attacked and injured Cheryl Graggs during an attempt to rob a liquor store. We uphold his convictions for attempted robbery, battery, and criminal confinement. In doing so, we find that the trial court properly excluded photographs because the use of a telephoto lens may have made them misleading. And we find the circumstances supported a witness's in-court identification of...

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