Strong v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted after trial by jury of murder, Ind.Code § 35-42-1-1 (Burns 1979), and attempted robbery, Ind.Code § 35-41-5-1, § 35-42-5-1 (Burns 1979). The trial court sentenced him to consecutive terms of forty (40) years imprisonment on the murder charge and thirty (30) years imprisonment on the attempted robbery charge. For the reasons stated below, we reverse the conviction.

At approximately 11:30 p. m. on September 1,1978, two men entered an automobile service station in Marion County and announced a “stick-up.” The attendant was placing money from…