Splunge v. State

PIVARNIK, Justice.

Following a jury trial in the Vander-burgh County Superior Court, Defendant, Appellant Charles B. Splunge was found guilty on August 14, 1986, of Murder, under Count I, and Robbery, as a class A *979felony under Count II. On September 15, 1986, the trial court sentenced Splunge to a term of sixty (60) years.

Five issues are presented for our review in this direct appeal:

denial of Defendant's motion to discharge the jury;

misconduct of the prosecutor;

refusal of Defendant's tendered final instruction 9;

sufficiency of the evidence; and

sentencing.

The facts show that during the early…