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HOOVER v. STATE

No. 977S725.

376 N.E.2d 1152 (1978)

George HOOVER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 20, 1978.

Attorney(s) appearing for the Case

Rodney H. Bayless, Merrillville, for appellant.

Theodore L. Sendak, Atty. Gen., Kenneth R. Stamm, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

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...

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