Gye v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted of Second Degree Murder, Ind.Code § 35-1-54-1 (Burns 1975) and was sentenced to an indeterminate sentence of from fifteen (15) to twenty-five (25) years imprisonment.

At about 10:30 p.m. on January 27, 1977, David Cooke was driving his tow-truck on Interstate 80 when an automobile immediately ahead of him veered off into a snow bank. Cooke stopped his truck and approached the driver’s side of the automobile. The window opened a few inches and Cooke saw, by the illumination of the dome light, a male kneeling on the front seat and facing the…