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LOWERY v. STATE

No. 02S00-8606-CR-591.

547 N.E.2d 1046 (1989)

Terry Lee LOWERY, Appellant, (Defendant below), v. STATE of Indiana, Appellee, (Plaintiff below).

Supreme Court of Indiana.

December 8, 1989.

Attorney(s) appearing for the Case

Barrie C. Tremper and Charles F. Leonard, Chief and Deputy Public Defenders, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen. and Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for appellee.

DICKSON, Justice.

A jury found the defendant, Terry Lee Lowery, guilty of murder, felony murder, aiding murder, and battery. The jury thereafter recommended imposition of the death penalty. The trial court entered judgment of conviction of murder, merging therein the convictions of felony murder, aiding murder, and battery. Finding that the evidence proved beyond a reasonable doubt that the defendant intentionally killed the victim while committing or

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