considering following criteria: exculpatory effect of testimony; likelihood that codefendant would testify at separate trial; and exculpatory nature and significance of testimony, or prejudice to defendant if testimony is unavailable
How later courts described this case
- considering following criteria: exculpatory effect of testimony; likelihood that codefendant would testify at separate trial; and exculpatory nature and significance of testimony, or prejudice to defendant if testimony is unavailable
- conviction and sentence vacated where facts indicated that coconspirators committed several criminal acts pursuant to a single conspiracy
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Street v. State, 1991 Ind. LEXIS 35 (1991)
543 N.E.2d 360, 375 (Ind. 1989), overruled in part on other grounds, Street v. State, 567 N.E.2d 102
The opinion
DICKSON, J.,
concurs in part that the trial court erroneously refused the tendered lesser included offense instruction, and would vacate the conviction for murder and death sentence.