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CLARK v. STATE

No. 71A03-0411-CR-520.

834 N.E.2d 153 (2005)

David Paul CLARK, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 14, 2005.

Attorney(s) appearing for the Case

Charles W. Lahey, South Bend, IN, for Appellant.

Steve Carter, Attorney General of Indiana, Richard C. Webster, Deputy Attorney General, Indianapolis, IN, for Appellee.

OPINION

SHARPNACK, Judge.

David Clark appeals his conviction for murder.1 Clark raises three issues, one of which we find dispositive and restate as whether the trial court erred by refusing to instruct the jury on the lesser included offense of voluntary manslaughter.2 We reverse and remand.

The relevant facts follow. On November 17, 2003, Jeffrey Funches ("Jeffrey") left work at 3:00 p.m...

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