Ashbaugh v. State

PIVARNIK, Justice.

Defendant-appellant Ollie Ashbaugh was convicted by a jury in Bartholomew Superi- or Court of second degree murder, Ind.Code § 85-1-54-1 (Burns 1975). This charge arose out of the shooting death of appellant's husband, Kenneth Ashbaugh, at their home on May 18, 1977. Appellant was first charged with voluntary manslaughter, but an alternative count charging second degree murder was later added to the information. Appellant was sentenced by the trial court to an indeterminate term of fifteen to twenty-five years.

Appellant raised alternatively the defenses of insanity,…