McNary v. State

HUNTER, Justice.

The defendant, Darrell B. McNary, was convicted by a jury of attempted robbery, a Class A felony, Ind.Code §§ 85-42-5-1 (Burns 1983 Supp.), 35-41-5-1 (Burns 1979 Repl.) and was sentenced to the Indiana Department of Correction for a period of thirty-five years. He raises the following three issues in this direct appeal:

1. Whether the trial court erred by permitting one of the state's witnesses to testify about his comparison of shoe prints in the snow near defendant's house;

2. Whether the trial court erred in admitting into evidence a photograph of the victim depicting the…