State v. Kleman

DeBRULER, Justice.

In this case the appellee was convicted following a trial by jury of murder and also criminal recklessness. The trial court granted her motion to correct errors, set aside the conviction and sentence for murder, and entered a new conviction and sentence for voluntary manslaughter. The State appealed, and the Third District of the Court of Appeals reversed, and remanded to the trial court with instructions to grant a new trial Stote v. Kleman (1986), Ind.App., 491 N.E.2d 585.

Two issues were raised and resolved by the opinion of the Third District, namely whether the State had…