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SPARKS v. STATE

No. 30,430.

245 Ind. 245 (1964)

195 N.E.2d 469

SPARKS v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing granted March 11, 1964.

Second petition for rehearing denied April 27, 1964.

Attorney(s) appearing for the Case

Warren R. Everett, and John R. Jett, Both of Terre Haute, for appellant.

Donald Hurcle Sparks, pro se.

Edwin K. Steers, Attorney General, and Carl E. Van Dorn, Deputy Attorney General, for appellee.

ARTERBURN, J.

This is a prosecution by the State of Indiana against the appellant, Donald Hurcle Sparks, for the alleged offense of murder in the first degree. He pleaded not guilty and after a trial by the court, was found guilty of murder in the second degree.

The main contention here is that the State failed to prove the appellant guilty of malice as a necessary element of the offense of which the appellant was found guilty. For that purpose, we must review...

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