Burgess v. State

DeBRULER, Justice.

Defendant-appellant, Robert M. Burgess, was originally charged with the murder, Ind.Code § 35-42-1-1(1) (Burns 1979 Repl.) of Mary L. Beck. He was convicted, after a trial by jury, of the lesser included offense of voluntary manslaughter, Ind.Code § 35-42-1-3 (Burns 1979 Repl.), a class B felony, and was sentenced to a term of twenty years. Fifteen years of his sentence are to be executed and the remaining five are to be suspended to probation. Defendant raises three issues in this appeal:(1) Whether the trial judge committed error by incorrectly defining the concept of…