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NEWHART v. STATE

No. 12S00-9412-CR-1250.

669 N.E.2d 953 (1996)

Richard A. NEWHART, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

July 30, 1996.

Attorney(s) appearing for the Case

Richard D. Martin, Frankfort, for Appellant.

Pamela Carter, Attorney General, Preston W. Black, Deputy Attorney General, Indianapolis, for Appellee.

SHEPARD, Chief Justice.

A jury found appellant Richard Newhart guilty of murder, Ind.Code Ann. § 35-42-1-1 (West Supp.1995). The trial court imposed a sentence of sixty years, the maximum. We affirm the conviction, but reduce the sentence to fifty years.

The evidence at trial showed that a town marshall spotted Newhart speeding. He took chase, but lost sight of the vehicle. The marshall eventually discovered Newhart in a nearby woods, clothed only in...

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