McCall v. State

PRENTICE, Justice.

Defendant (Appellant), together with others, was found guilty of felony murder and premeditated murder, in connection with the murder of Richard Wozniak. He was sentenced to life imprisonment upon the felony murder verdict, while sentencing was withheld upon the premeditated murder verdict. This direct appeal presents the single issue of whether or not the court erred in refusing to permit one of Defendant’s witnesses to testify.

In advance of trial, Defendant gave notice of his intent to present an insanity defense; and pursuant to Ind.Code § 35-5-2-2 (Burns 1975), the trial…