Finch v. State

PIVARNIK, Justice.

Defendant-Appellant Barbara Finch was convicted by jury of Murder on January 10, 1985. She was sentenced on February 1, 1985 to 40 years imprisonment. She directly appeals, raising three issues for our review: (1) final instructions regarding the burden of proof on the issue of sudden heat, (2) final instructions regarding the test used to determine if provocation was sufficient to cause sudden heat, and (3) sentencing.

The facts show that Barbara Finch had twice been married to and divorced from the victim, Henry Finch. On July 9, 1984, they were living together, in…