Dresser v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted, following trial by jury, of murder, Ind.Code § 35-42-1-1(1) (Burns 1979), and was sentenced to forty (40) years imprisonment. This direct appeal presents two issues for review:

1. Whether the prosecutor's comments during closing argument placed Defendant in a position of grave peril, and thus violated his right to a fair trial.

2. Whether the trial court erred in admitting into evidence State's Exhibit No. 28, a pre-autopsy photograph of the decedent-victim.

On July 3, 1981, Defendant shot and killed Keith Bigley with a forty-five (45)…