· 6/13/1997
Champlain v. State
Citations
- 681 N.E.2d 696
- 1997 Ind. LEXIS 79
- 1997 WL 318072
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, because the charging instrument did not assert a battery accomplished the killing, the trial court did not err in declining to give an involuntary manslaughter instruction
- holding that involuntary manslaughter was not a factually included lesser offense of the charged crime of murder because the charging information did not assert a battery but merely alleged that defendant knowingly killed the victim
- holding that involuntary manslaughter was not a factually included lesser offense of the charged crime of murder because the charging information did not assert a battery but merely alleged that the defendant knowingly killed the victim
- holding “[b]ecause the information did not assert a battery, involuntary manslaughter in this case was not a factually included lesser offense” and the trial court did not err in refusing to give the instruction
- observing that where the information alleged only that defendant “did knowingly kill another human being,” the information specifically did not assert a battery, and therefore, involuntary manslaughter was not a factually included lesser offense of murder
- observing a shooting “can in some situations be classified as a battery”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boehm, Shepard, Dickson, Sullivan, Selby
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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