Sherwood v. State

GIVAN, Chief Justice.

Appellant appeals the denial of his petition for post-conviction relief brought under Ind.R.P.C.R. 2, § 1.

The facts are these. At about 7:80 P.M. on September 18, 1979, appellant murdered his wife by strangulation or drowning in a creek in Cass County. He was arrested shortly thereafter following his confession of the crime to friends and relatives who reported to the police.

Appellant was charged with Murder and being an habitual offender. Trial commenced on July 11, 1980, but had to be recessed for the day of July 15 due to a city wide power failure. On the morning of…