Johnson v. State

DeBRULER, Justice.

Appellant, Robert L. Johnson, was con-vieted in the Lake Superior Court, Criminal Division I, in a trial before a jury, of the crime of attempted murder, a class A felony, Ind.Code § 35-42-1-1. In this appeal which followed, appellant raises three issues on appeal: (1) whether the jury instruction which stated that battery, a class C felony, was a lesser included offense of attempted murder, was proper; (2) whether he is entitled to a new trial based on newly discovered evidence; and (8) whether error occurred in the assessment of the sentence.

The evidence tending to support…