Benefiel v. State

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Count I, Criminal Confinement, a Class B felony; Count II, Rape, a Class B felony; Count III, Criminal Devi ate Conduct, a Class B felony; and Count IV, Murder, a felony. Following a guilty verdict on all counts, the jury recommended the death penalty, and appellant was so sentenced.

The State's case was established largely on the testimony of Alicia Elmore, a surviving victim. On October 10, 1986 at approximately 7:30 p.m., seventeen-year-old Alicia Elmore walked to a gas station two blocks from her home in Terre Haute,…