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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.