Hoover v. State

Defendant (Appellant) was charged by indictment with first degree murder, and found guilty in a trial by jury of second degree murder, Ind. Code § 35-1-54-1 (Burns 1975). He was sentenced to imprisonment for not less than fifteen (15) nor more than twenty-five (25) years, and raises the following issues on appeal:(1) The sufficiency of the evidence upon the elements of malice and absence of self-defense.(2) The admission of certain photographs of the deceased, State’s exhibits Nos. 9, 10, and 12, over objection by the defendant.(3) The giving of Court’s Instruction No. 9 upon the issue of…