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eBook details

• Title: Johnny Lee May and Lee Thomas Lynk V.
• Author : Supreme Court of Indiana No. 775S168
• Release Date : January 23, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Appellants Lee Thomas Lynk and Johnny Lee May were indicted by the Lake County Grand Jury in the death of Edward H. Hoolehan. The first count of the indictment charged each defendant with first degree murder. The second count of the indictment charged each defendant with felony (robbery)-murder. The jury by its verdict found appellant Lynk guilty on both counts. He was ultimately sentenced to life imprisonment on the first count. The jury found appellant May guilty of second degree murder on the first count and guilty of the second count. He was ultimately sentenced to life imprisonment on the second count. Appellant's belated motion to correct errors was overruled and this appeal follows. The single issue framed by appellants' motion to correct errors is whether the verdict of the jury is sustained by sufficient evidence. Upon reviewing appellant's brief, we find that appellants have wholly failed to present the Court with an argument specifying wherein they believe the evidence is insufficient. It is impossible to ascertain from the brief presented whether the evidence is believed to be insufficient with regard to particular elements of the crimes of which appellants were convicted, or whether the evidence is believed to be insufficient in general. In short, appellants have wholly failed to present this Court with an argument as required by Ind. R. Ap. P. 8.3(A)(7) in regard to the sufficiency question and pursuant to that rule we deem the issue waived. Finch v. State, (1975) 264 Ind. 48, 338 N.E.2d 629.

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