Street v. State

PETITION TO TRANSFER

DeBRULER, Justice.

The First District of the Court of Appeals affirmed appellant's conviction for voluntary manslaughter, a Class A felony, 1.C. 35-42-1-8. Street v. State (1990), Ind.App., 559 N.E.2d 375. He seeks transfer on the basis of that Court's resolution of his claims that there was error in the jury instruction on the defense of intoxication and in the choice to sentence him for the crime of voluntary manslaughter as a Class A, rather than Class B, felony. That Court held that the instruction was correct. We grant transfer, reverse, and remand for a new trial.

Billy…