Avery v. State

— Appellant Avery was charged in two separate indictments with first-degree murder in the shooting deaths of his wife Catherine Avery, and his brother-in-law, James Raub, in 1971. Appellant pleaded guilty to second-degree murder in both cases and was sentenced to imprisonment for fifteen to twenty-five years. This judgment was reversed and the cause remanded in Avery v. State, (1976) 265 Ind. 417, 355 N.E.2d 395. On remand, appellant was tried to a jury in the Lake Criminal Court on December 13, 1976. The jury found Avery guilty of second-degree murder in the killing of James Raub and of…