Lovell v. State

PRENTICE, Justice.

Following a trial by jury, Defendant (Appellant) was convicted of battery, a class C felony, Ind.Code § 85-42-2-1 (Burns Supp. 1984) and attempted murder, a class A felony, Ind.Code §§ 85-41-5-1 and 35-42-1-1(1) (Burns 1979). The trial court found that battery was a lesser included offense of attempted murder and sentenced the Defendant to thirty (80) years imprisonment upon the attempted murder convietion. The only issue presented by the Defendant in this direct appeal is whether sufficient evidence was presented to overcome his motion for a directed verdict and to sustain…