Horton v. State

Appellant, Clarence Horton, appeals from his convicton of second degree murder, Ind. Code § 35-1-54-1 (Burns 1975), for which he was sentenced to fifteen to twenty-five years imprisonment.

On December 17,1974, appellant and two companions visited the Shrimp Harbor Restaurant in East Chicago in the early morning hours. At the Shrimp Harbor appellant was approached by the victim, who owned a nearby tavern, called “The Place.” The victim asked appellant if appellant “wanted to make some money,” and appellant agreed to go with the victim to his tavern. Appellant and his companions followed the…