Marsh v. State

HUNTER, Justice.

This case is before us on the petition to transfer of defendant, Walter C. Marsh. Defendant was convicted by a jury of voluntary manslaughter, Ind.Code § 35-13-4-2 (Burns 1975), and was sentenced to two to twenty-one years’ imprisonment. In a consolidated case in which defendant was charged with assault and battery with intent to kill, Ind.Code § 35-13-2-1 (Burns 1975), the same jury returned a verdict of not guilty by reason of insanity. The Court of Appeals, Third District, in Marsh v. State, (1979) Ind.App., 387 N.E.2d 1346, reversed the judgment of the trial court and…