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JONES v. STATE

No. 774S141.

334 N.E.2d 689 (1975)

Willie JONES, Jr., Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

October 1, 1975.

Attorney(s) appearing for the Case

Jan E. Helbert, Eisele, Helbert & York, Indianapolis, for appellant.

Theodore Sendak, Atty. Gen., Russell W. Sims, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant was charged by indictment with the crime of first degree murder. A trial by jury resulted in a verdict of second degree murder. Appellant was sentenced to the Department of Corrections for a term of fifteen (15) to twenty-five (25) years.

The record reveals the following facts:

On the evening of February 23, 1969, Mr. and Mrs. Claude Johnson visited a tavern in Indianapolis. During the time they were in the tavern the...

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