Harlan v. State

PRENTICE, Justice.

Following a trial by jury, Defendant (Appellant) was convicted of murder, Ind.Code § 35-42-1-1 (Burns 1979) and was sentenced to thirty (80) years imprisonment. His direct appeal presents two issues for our review as follows:(1) Whether the trial court erred in refusing to give Defendant's tendered final instructions numbers 3 and 7, pertaining to the defense of intoxication and self-defense;(2) Whether the trial court erred in giving State's instruction number 4.

The evidence supportive of the verdict reveals that Defendant confronted Danny McCreery while the latter was…