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TAYLOR v. STATE

No. 20S03-9307-CR-741.

616 N.E.2d 748 (1993)

Lonzo TAYLOR, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

July 13, 1993.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, David P. Freund, Deputy Public Defender, Office of Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Geoff Davis, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee.

SHEPARD, Chief Justice.

In this trial for attempted murder, the court failed to instruct the jury that it must find the defendant intended to kill the victim. The Court of Appeals affirmed, notwithstanding our decision in Spradlin v. State (1991), Ind., 569 N.E.2d 948. We grant transfer and reverse.

When applying Indiana's general attempt statute, Ind. Code Ann. § 35-41-5-1 (West 1986), we have emphasized that...

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