Kusley v. State

PIVARNIK, Justice.

On May 2, 1980, appellant Kusley was convicted of attempted murder and sentenced to forty (40) years imprisonment after a trial by jury in the Tippecanoe Circuit Court. He appeals, alleging the court erred in permitting an in-court identification, in overruling his motion for pre-trial line-up, and in sentencing.

On February 25, 1979, at approximately 1:00 a. m., Ronald D. Matthews, a Deputy Town Marshall of Monon, Indiana, had parked his squad car in front of the residence of Marshall John Raines. He was walking toward the front door when he saw a red pick-up truck…