Morris v. State

HUNTER, Justice.

Defendant, J. W. Morris, was convicted by a jury of murder, Ind.Code § 35-42-1 — 1 (Burns 1979 Repl.), and sentenced to forty years’ imprisonment. He now appeals raising several issues. However, because of our disposition of defendant’s Fourth Amendment claim, we need consider only that issue.

*741In the early morning, November 25, 1978, David Upton, III, was shot and killed near his home in Muncie, Indiana. Prior to the shooting, a shotgun blast was discharged in the direction of a window to a bedroom of Upton’s house in which defendant’s father was staying. At approximately 2:00…