Walter C. Marsh v. State Indiana

This case is before us on the petition to transfer of defendant, Walter C. Marsh. Defendant was convicted by a jury of voluntary manslaughter, Ind. Code § 35-13-4-2 (Burns 1975), and was sentenced to two to twenty-one years imprisonment. In a consolidated case in which defendant was charged with assault and battery with intent to kill, Ind. Code § 35-13-2-1 (Burns 1975), the same jury returned a verdict of not guilty by reason of insanity. The Court of Appeals, Third District, in Marsh v. State, (1979) Ind. App , 387 N.E.2d 1346, reversed the judgment of the trial court and granted defendant a new trial. The