Larry v. State

SHEPARD, Chief Justice.

Appellant Thomas Jefferson Larry was tried before a jury and convicted of attempted murder, a class A felony, Ind.Code §§ 35-42-1-1, 85-41-5-1 (Burns 1985 Repl.) The trial court sentenced him to twenty years imprisonment.

On direct appeal, Larry raises two issues:

1. Whether the trial court erred in refusing Larry's tendered instruction on the lesser included offense of battery, and

2, Whether the trial court erred in admitting prior statements of three State's witnesses.

The evidence most favorable to the verdict shows that the victim, Robert Holtzman, was a Gary Police…