Swaynie v. State

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Defendant John Jesse Swaynie was convicted of attempted murder and burglary after kicking in the front door of a family's home and attempting to choke the husband to death. 'We hold that the Double Jeopardy Clause of the Indiana Constitution does not bar convicting and sentencing defendant for both attempted murder and burglary because they constitute separate criminal transgressions.

Background

Early in the morning of November 18, 1998, Defendant John Jessie Swaynie kicked in the front door of the home of the family of a woman whom had served as his…