Napier v. State

PIVARNIK, Justice.

Defendant-Appellant, Forrest Napier, was convicted of Murder, Ind.Code § 35-42-1-1 (Burns Repl.1979), and Arson, Ind. Code § 35-43-1-1 (Burns Repl.1979), at the conclusion of a jury trial in Jasper Circuit Court on November 21, 1979. Napier was sentenced to forty (40) years imprisonment for the murder conviction and thirty (30) years imprisonment for the arson conviction, both sentences to run concurrently. Napier now appeals.

Six issues were raised for consideration, concerning:

1) whether the combination of alleged pros-ecutorial misconduct and some irregularities in the…