Sims v. State

DeBRULER, Justice.

This is a direct appeal from convictions of murder, Ind.Code § 85-42-1-1(2), and burglary, a class A felony, Ind.Code § 85-48-2-1. The case was tried before a jury. Appellant was sentenced to a term of fifty years.

Appellant raises two issues on appeal: (1) whether the trial court erred in giving State's "mere subsidiary evidence" instruction; and (2) whether there is evidence sufficient to prove beyond a reasonable doubt that appellant murdered the victim.

The facts tending to support the verdict show that on the evening of December 13, 1981 appellant entered the home of…