Daniel Hemphill v. State Indiana

The evidence most favorable to the State indicates that on January 18, 1977, in Gary, Indiana, Ron Deboe and John Muhlberger were working in Wallys Food Store, owned by Muhlberger. Shortly after midnight, three persons entered the store. One of the three, appellant Daniel Hemphill, had been in the store numerous times. Muhlberger ordered Hemphill to leave the store. After Hemphill left Muhlberger told the other two customers that he had thrown Hemphill out of the store because he was a thief. At this, Hemphill again appeared at the door and challenged Muhlbergers accusation. When Mulberger repeated his statement that Hemphill was a thief, Hemphill said, "Man, Im going to get you in a dark alley and waste you." Muhlberger then grabbed a billiard cue to chase Hemphill away from the store. Mulhberger followed Hemphill for a short distance down the street, but then turned around and started back to the store. At that point Hemphill appeared from the side of a nearby building with a handgun and was seen firing five rapid shots. Mulberger was struck in the back and fell to the ground. Muhlberger later died from the bullet wound.