Indiana Supreme Court· 6/15/1994
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 CourtListenerCited by
8 cases in this archive cite this case.
- Munford v. StateIndiana Court of Appeals· 2010-03-10· cited 64×
- Gravens v. StateIndiana Court of Appeals· 2005-11-03· cited 52×
- Patterson v. StateIndiana Court of Appeals· 2000-06-14· cited 16×
- Weida v. StateIndiana Court of Appeals· 2002-11-21· cited 13×
- Destin Jones v. State of IndianaIndiana Supreme Court· 2017-12-19· cited 8×
- Estep v. StateIndiana Court of Appeals· 1999-09-29· cited 6×
- Kenyatta Erkins and Ugbe Ojile v. State of IndianaIndiana Court of Appeals· 2013-04-23· cited 2×
- Destin Dean Jones v. State of Indiana (mem. dec.)Indiana Court of Appeals· 2017-04-12· cited 1×
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.