Everly v. State

PRENTICE, Justice.

Defendant was charged with first degree murder, Ind. Code 35-13-4-1 (Burns 1975). He pled not guilty and asserted that the homicide was committed in self-defense. In a trial by jury, he was convicted of second degree murder, Ind. Code 35-1-54-1 (Burns 1975), for which he was sentenced to imprisonment for not less than fifteen nor more than twenty-five years.

Four issues are presented by this direct appeal. In view of our decision upon the first, however, and the probabilities that two of such issues will not arise upon a retrial, we shall address ourselves to but two, as…