Murphy v. State

*221PRENTICE, Justice.

Defendant (Appellant) was convicted of Burglary, Ind.Code § 85-43-2-1, Theft, Ind.Code § 85-48-4-2, and being an Habitual Offender, Ind.Code § 85-50-2-8 (Burns 1979). He was sentenced to thirty-five (85) years imprisonment. This direct appeal seeks review upon the following issues:(1) Whether there was a fatal variance between the allegations in the charge of theft, and the evidence introduced on that issue at trial?(2) Whether the Trial Court erred in denying Defendant's pre-trial motion to suppress in-trial identification testimony and in permitting the witness to identify…