Harrington v. State

I respectfully dissent from the majority opinion in this case. The jury may reasonably conclude that one did not act in sudden heat if a sufficient "cooling off" period occurred between the provocation and the homicide. Sanders v. State (1981), Ind., 428 N.E.2d 23.

There is no question that the trial court should have instructed the jury that the State had the burden of proof to establish the absence of sudden heat. However, any error in giving or refusing an instruction is harmless if the conviction is clearly sustained by the evidence and the jury could not have found otherwise. Walker v.…