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BROWN v. STATE

No. 2-881A283.

446 N.E.2d 354 (1983)

Yesse Lee BROWN, Appellant (Defendant below), v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied April 12, 1983.

Attorney(s) appearing for the Case

Christopher C. Zoeller, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Kathleen G. Lucas, Deputy Atty. Gen., Indianapolis, for appellee.

SULLIVAN, Judge.

Defendant-Appellant Yesse Lee Brown (hereinafter referred to as "Brown") appeals his jury trial conviction of Involuntary Manslaughter, I.C. 35-42-1-4 (West Ann.Code 1978). Brown was sentenced to five years.

In view of our disposition, the sole issue addressed is whether the trial court committed reversible error by refusing the following jury instruction requested by Brown:

"During the trial of this cause the Defendant has not testified...

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