Fultz v. State

Defendant (Appellant) was charged with First Degree Murder of a policeman and with the Commission of a Felony While Armed. He was convicted under the murder count of the lesser included offense of Second Degree Murder and sentenced thereon to life imprisonment. He was also convicted upon the armed felony count, for which he was sentenced to ten years imprisonment. His appeal to this Court presents five issues:(1) The constitutionality of the statute under which the murder charge was brought, being Ind. Code § 35-13-4-1 (Acts 1973, P.L. 328, § 1), generally referred to as the First Degree…