Cummings v. State

GIVAN, Chief Justice.

Appellant was found guilty on five counts of a six-count indictment. He was sentenced to terms of imprisonment of fifteen years on each of the two counts and a term of life imprisonment on a third count. Sentence was withheld on the other two counts. We affirmed the conviction in Cummings v. State, (1979) Ind., 384 N.E.2d 605. Appellant petitioned the trial court for post-conviction relief. The petition was denied. He now appeals that decision.

Appellant first argues he was entitled to an instruction regarding a lesser included offense to Count Six of the indictment, which…