Gann v. State

A jury convicted Appellant of First Degree Murder. Appellant’s Motion to Correct Errors set out thirty (30) alleged errors. However, in this appeal, taken pursuant to Ind. R. Ap. P. 4(A) (7), Appellant argues only ten (10) of these issues. Furthermore, one of these grounds is the denial of Appellant’s tendered Instruction No. 17. Ind. R. Crim. P. 8 states that “no party shall be entitled to predicate error upon the refusal of a trial court to give any tendered instruction in excess of the number fixed by this rule (10) or the number fixed by the court order, whichever is greater.” Since the…