Banks v. State

The Appellant, Walter Banks, was convicted on December 30, 1973, of first degree murder, homicide in the perpetration of a burglary. Sentenced to life imprisonment on February 13, 1974, the Appellant filed his Motion to Correct Errors on April 15, 1974. It is from the overruling of this motion on July 18, 1974, that the Appellant now appeals.

One of the Appellant’s confederates, Larry Cade, was tried separately and was convicted of first degree murder on April 10, 1974. This court affirmed that conviction on June 4, 1976. Cade v. State, (1976) 264 Ind. 569, 348 N.E.2d, 394.

The evidence at…