Wininger v. State

PIVARNIK, Justice.

Defendant-appellant William W. Wining er was convicted of Theft, Ind.Code § 85-48-4-2 (Burns Supp.1982), at the conclusion of a jury trial in Lawrence County Court on April 22, 1982. Wininger was also found to «be a habitual offender and was sentenced to thirty-three (88) years imprisonment. He now appeals.

Wininger raises only two issues on appeal, concerning:

1) whether the trial court erred in failing to instruct the jury about the definition of specific intent;

2) whether the trial court erred in refusing the defendant's tendered instruction concerning the defense of…