Lingler v. State

OPINION ON REHEARING

NAJAM, Judge.

In his petition for rehearing, Lingler asserts that we erred in our opinion when we relied upon Jackson v. State (1991), Ind., 575 N.E.2d 617, and found no error in the attempted murder instruction given at his trial. See Lingler v. State (1994), Ind.App., 635 N.E.2d 1102, 1105. Neither Lingler nor the State cited Jackson in their original briefs on appeal. However, Lingler now contends that Jackson does not stand for the proposition that an instruction which informs the jury that the defendant was “attempting to kill” the victim is sufficient to inform the…