McKenzie v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted of attempted murder, Ind. Code § 35 — 11-5-1; 35-42-1-1 (Burns 1979) after a trial by jury wherein he interposed an insanity defense. The court sentenced him to twenty (20) years imprisonment. This direct appeal presents the following issues:(1) Whether or not the trial court erred in denying a defense motion for mistrial, following certain unsolicited remarks made by the victim, while on the witness stand.(2) Whether the court should have granted a mistrial when the State used the defendant’s post arrest silence as proof of his sanity.(3)…