Spears v. State

Defendant, Harry Spears, was convicted by a jury of assault with intent to kill, Ind. Code § 35-13-2-1 (Burns 1975), and murder in the second degree, Ind. Code § 35-1-54-1 (Burns 1975), and sentenced to two to fourteen years’ and fifteen to twenty-five years’ imprisonment respectively. He now appeals raising the following issues:

1. Whether the trial court erred in refusing defendant’s tendered instruction regarding circumstantial evidence;

2. Whether the trial court erred in admitting certain evidence under the res gestae exception to the hearsay rule;

3. Whether the prosecuting attorney was…