Franklin v. State

Defendant (Appellant) was charged with first degree murder of his wife, Ind. Code § 35-13-4-1 (Burns 1975). Over a claim of self defense, he was convicted, in a trial by Jury, of second degree murder, Ind. Code § 35-1-54-1 (Burns 1975), and sentenced to life imprisonment. His appeal presents two issues.(1) Whether the State’s evidence in chief was sufficient, as a matter of law, to overcome the claim of self defense, beyond a reasonable doubt.(2) Whether the defendant’s self-incriminating in-custody statement was admissible in evidence.

The defendant and his wife had a history of marital…