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Smith v. State

Citations

  • 636 N.E.2d 124
  • 1994 Ind. LEXIS 67
  • 1994 WL 262013

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the State bears burden of disproving the defense of abandonment beyond a reasonable doubt if the evidence supports the defense
  • finding sufficient evidence to disprove voluntariness when the jury could infer from a tree branch snapping that the defendant abandoned his attack due to fear of a victim’s escape
  • recognizing attempt and conspiracy as “inchoate crimes”
  • “Indiana Code § 35-41-3-10 makes abandonment a legal defense to several inchoate crimes including conspiracy and attempt.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Shepaed, Debruler, Givan, Dickson, Sullivan

Read full opinion on CourtListener

Cited by

8 cases in this archive cite this case.

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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.