John A. Smith v. State Indiana

Appellant, John Smith, was convicted of murder, a felony, in a trial by jury before the Honorable Patricia J. Gifford, Judge of the Marion Superior Court, Criminal Division Four. He was charged with having knowingly killed Marvin C. Foster by stabbing him with a knife, such charge having been brought pursuant to Ind. Code § 35-42-1-1. Appellant received a determinate fifty year sentence. On appeal we consider the following contentions of appellant: (1) that the verdict is not supported by sufficient evidence; (2) that the trial court erred in admitting State's Exhibits Nos. 34, 35 and 36, envelopes containing scrapings; (3) that a statement by appellant should have been suppressed; (4) that the trial court erred in allowing testimony by a police officer explaining his reason for statements made to appellant; and (5) that the trial court erred in refusing to permit introduction of a photograph tendered by appellant.