Wallace v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted of Murder in the First Degree, Ind. Code § 35-13-4-1 (Burns 1975), and sentenced to life imprisonment. For the reasons stated below, we reverse and remand for a new trial.

The evidence viewed in the light most favorable to the State, discloses that the defendant conspired with Floyd Shelby to murder her husband, Ben Wallace. Shelby, in turn, hired one Marvin Johnson to perform the act for two thousand dollars ($2,000.), payment to be made when the defendant received the proceeds from an insurance policy upon her husband’s life.

On March 17,…