Thacker v. State

DeBRULER, Justice.

Appellant was charged in Count I pursuant to 1.C. 85-42-1-1(1) with the knowing killing of her husband, John E. Thacker, by shooting. In a separate Count II, the prosecution sought the sentence of death by alleging pursuant to I.C. 85-50-2-9(b)(8) the aggravating cireumstance that the killing had been accomplished while lying in wait. The trial court permitted Count II to be amended by adding a second aggravating circumstance pursuant to 1.0. 35-50-2-9(b)(5) that the killing had been done by one Donald Ray Buchanan, Jr., who had been hired by appellant to do so.

A trial by…