Shutt v. State

Defendant (Appellant), a seventeen year old boy, was charged with second degree murder, Ind. Code (Burns 1975) 35-1-54-1, convicted of that offense in a trial by jury and sentenced to imprisonment for an indeterminate term of fifteen to twenty-five years. That the defendant killed the deceased is not in dispute. Two issues are presented on this direct appeal.(1) Propriety, under the evidence, of an instruction advising that one who has no reasonable grounds for apprehension may not successfully interpose the defense of self defense.(2) Sufficiency of the evidence, as to the essential element…