Evans v. State

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Confinement, a Class B felony, two counts of Rape, Class A felonies, Murder, and Felony Murder. At the penalty phase of the trial, the jury recommended that appellant receive the death penalty. The trial judge so ordered.

The facts are: On the evening of October 3, 1985, appellant met Darlene Hendrick, the victim, and they engaged in a conversation. They decided to purchase some whiskey and then proceeded to an abandoned building. While in the building, Hendrick excused herself to go to the bathroom. On another occasion,…