Sarwacinski v. State

*951HOFFMAN, Presiding Judge.

Defendant-appellant David Sarwacinski appeals his conviction for murder. IND. CODE § 35-42-1-1 (1988 Ed.).

The facts favorable to the judgment show that on January 21, 1989, the victim, Robert Eisenhutt, was visiting his girl friend, appellant's step-daughter, at appellant's home in Hammond, Indiana. Sometime after 11:00 P.M., appellant arrived home from work and began to drink and talk with Eisenhutt. A few hours later, Eisenhutt, who was holding his girlfriend's five-month-old baby, started erying due to the crib death of his own daughter a few months earlier.…