Davis v. State

GIVAN, Chief Justice.

Appellant was convicted of Murder in the Second Degree, IC § 35-1-54-1 (1971) [Repealed by Acts 1976, P.L. 148, § 24, effective October 1, 1977], in May of 1977. The trial court granted a new trial at the conclusion of a hearing on appellant's Belated Motion to Correct Error. The presiding judge, deputy prosecutor and defense attorney in the first trial all participated in the second trial, at which appellant was again convicted by a jury of Murder in the Second Degree. He received a sentence of imprisonment for not less than fifteen (15) years nor more than twenty-five…