Stroud v. State

PIVARNIK, Justice.

Defendant-appellant Mitchell Stroud was charged by information in Allen Superior Court with felony murder in connection with the shooting death of Daniel Norris. On August 30, 1978, he was found guilty of this charge by a jury. Appellant was sentenced to a determinate prison term of forty years.

The only issue appellant raises on this appeal concerns whether there was sufficient evidence to support the giving of an instruction on felony murder. Ind.Code § 35-42-1-1 (Burns 1979 Repl.) provides in part:

“A person who:(2) Kills another human being while committing or attempting…