Barnes v. State

Defendant was tried and convicted by a jury of the crime of First Degree Murder. Since the victim was a police officer acting in the line of duty and known to be such by the Defendant, Defendant, pursuant to the statute, was sentenced to “life imprisonment without possibility of parole.” Ind. Code § 35-21-4-3, Burns § 10-1005b (1974 Supp.). Defendant appeals.

Defendant raises four (4) issues. On one of these issues we find it necessary to remand this case to the trial court for an evidentiary hearing. However, we will at this time consider the other three issues raised by Appellant since there…