Shively v. State

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Murder, for which he received a sentence of fifty (50) years, enhanced by thirty (80) years by reason of his status as a habitual offender.

The facts are: Appellant and the victim, James Goff, both resided at the Evansville Rescue Mission. During the day of October 24, 1989, appellant consumed a considerable amount of alcoholic beverages and engaged in confrontations with Goff concerning a cat over which they both claimed ownership. At one point, they engaged in physical combat with Goff getting the better of appellant.…