Smith v. State

PRENTICE, Justice.

Following a trial by jury, Defendant (Appellant) was convicted of Attempted Murder, a class A felony, Ind.Code §§ 385-41-5-1 and 385-42-1-1 (Burns 1979) and sentenced to thirty (80) years imprisonment. His direct appeal presents seven (7) issues for review, one of which compels us to reverse the judgment of the trial court.

In an amended Information the Defendant was charged as follows:

"On or about the Slist day of July, 1980, in St. Joseph County, State of Indiana, DELL RAY SMITH a/k/a DELL RAY WATFORD did attempt to commit the crime of murder by knowingly striking, cutting,…