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GRAHAM v. STATE

No. 370S56.

256 Ind. 307 (1971)

268 N.E.2d 612

ERNEST GRAHAM v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied June 21, 1971.

Attorney(s) appearing for the Case

Palmer K. Ward, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, Robert F. Colker, Deputy Attorney General, for appellee.

ARTERBURN, C.J.

The defendant was indicted for first degree murder. A trial by jury in the Marion Criminal Court, Division Two, resulted in a verdict of guilty of second degree murder and the defendant was sentenced to the Indiana State Prison for life.

Under Burns Indiana Stat. Anno., § 10-3404, the crime of second degree murder requires that a person purposely and maliciously kill a human being, premeditation...

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