Labine v. State

HUNTER, Justice.

The defendant, Donald LaBine, was con-viected by a jury of arson, a Class A felony, Ind.Code § 85-48-1-1 (Burns 1979 Repl.) and voluntary manslaughter, a Class B felony. Ind.Code § 85-42-1-8 (Burns 1979 Repl.) He was sentenced to consecutive terms of fifty and twenty years respectively. In his direct appeal, he presents the following issues for our review:

1. Whether the trial court erred when it permitted the state to introduce both a tape-recorded statement and prior testimony of an alleged accomplice after he had invoked the Fifth Amendment and refused to testify; and

2.…