Duncan v. State

PIVARNIK, Justice.

Defendant-appellant Lea Duncan was charged by indictment in Lake Superior Court with second degree murder. He was tried to a jury and convicted on this charge on March 6, 1974. His trial counsel filed a belated motion to correct errors, alleging an insufficiency of the evidence. This motion was denied. The trial court then appointed Duncan's present counsel to prosecute this appeal. Appellate counsel first filed a petition requesting permission to file a belated and amended motion to correct errors. The trial court granted permission, and the belated motion was duly filed.…