Emler v. State

This is an appeal by Ovel Emler, Jr., appellant (defendant below), from a conviction for second degree murder.* On March 31, 1969, an indictment was returned charging appellant with first degree murder. Appellant entered a plea of not guilty and trial to a jury commenced on January 12, 1970. The jury returned a verdict of guilty to second degree murder and appellant was sentenced to the Indiana State Prison for life. A duly filed motion to correct errors was overruled and this appeal followed.

Appellant sets forth two main contentions of error.(1) He claims the “Miranda” warnings were…