Legal Opinion

Harvey v. State

Indiana Court of Appeals

Decided June 30, 1995No. 45A03-9409-CR-362PublishedCited by 19 opinions

1Opinion of the Court

OPINION

GARRARD, Judge.

After a jury trial Macie Harvey was convicted of murder. His appeal challenges one of the final instructions given by the court concerning his defense of self defense. The court gave twenty-three final instructions, eight of which related to Harvey's claim of self defense. The one challenged [Final instruction #14] stated,

A person who is not in his home or fixed place of business and is carrying a handgun without a license cannot by law claim the protection of the law of self defense.

Evidence at trial disclosed that Harvey admitted to police that he did not have a…

2Cases cited8 opinions

  1. Hill v. StateIndiana Supreme Court · 1993
  2. Johnson v. StateIndiana Supreme Court · 1971
  3. Hughes v. StateIndiana Supreme Court · 1937
  4. Duncan v. StateIndiana Supreme Court · 1882
  5. Strong v. StateIndiana Court of Appeals · 1992

3 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Mayes v. StateIndiana Supreme Court · 2001
  2. Davis v. StateIndiana Court of Appeals · 1998
  3. Burnside v. StateIndiana Court of Appeals · 2006
  4. Smith v. StateIndiana Court of Appeals · 2002
  5. J.T. v. StateIndiana Court of Appeals · 1999

14 more not listed; retrieve them via the Exa API.

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