Fryback v. State

DeBRULER, Justice.

This was a prosecution upon an information which charged appellant with violating Ind.Code § 35-1-54-1 (since repealed), the second degree murder statute. There was a trial by jury which resulted in a conviction by a verdict of guilty, and a judgment on the verdict from which the defendant, appellant herein, appealed to this Court, Appellant received a sentence of life imprisonment.

The errors urged by appellant involve:(1) the granting of a prosecution motion for continuance and the overruling of defendant's motion to proceed with trial and alternative motion for…