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WATTS v. STATE

No. 45S03-0611-CR-452.

885 N.E.2d 1228 (2008)

Andrew Lee WATTS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 13, 2008.

Attorney(s) appearing for the Case

Marce Gonzalez, Jr., Merrillville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Michael Gene Worden, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

SULLIVAN, Justice.

Having charged Andrew Watts with murder in a tavern shooting, the State sought at trial to have the jury also instructed on the lesser-included offense of voluntary manslaughter. It was reversible error for the trial court to give the instruction over defense counsel's objection because there was no evidence of sudden heat.

Background

Andrew Lee Watts visited the Face to Face Lounge in Gary, Indiana, on August 23, 2003. While there...

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