Whitfield v. State

This is an appeal from a conviction of second degree murder, Ind. Code §35-1-54-1 (Burns 1975), raising two issues:(1) sufficiency of the evidence to support the verdict; and(2) admissibility of a photograph of the decedent which appellant contends served only to inflame the passions of the jurors.

The State argues that each issue is waived because of insufficient specificity in appellant’s motion to correct errors.

The decedent was shot in a Gary tavern on April 11, 1975. It was stipulated that his death resulted from this single gunshot wound. Juanita Gibbs, the owner of the tavern, testified…