Tacy v. State

STATEMENT OF THE CASE

RATLIFF, Senior Judge.

In 1981, Aaron Tacy was convicted of attempted murder, theft, and burglary, resulting in concurrent sentences of thirty-four (34), two (2), and twelve (12) years. His convictions were affirmed by our Supreme Court on direct appeal. Tacy v. State (1983), Ind., 452 N.E.2d 977. Tgey now appeals from the denial of his Petition for Post-Conviction Relief. We affirm in part, and reverse in part.

ISSUES

I. Did the trial court's instructions on the offense of attempted murder constitute fun*59damental error because they did not instruct the jury on the element of…