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Frank Bernard James v. State Indiana

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eBook details

  • Title: Frank Bernard James v. State Indiana
  • Author : Supreme Court Of Indiana
  • Release Date : January 28, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

committed Murder, Murder in the Perpetration of a Robbery, and Murder in the Perpetration of a Kidnapping, Ind. Code § 35-42-1-1 (1978 Supp.). He was convicted of each of the offenses after trial by jury. The trial court sentenced the defendant to sixty years on each of the three offenses, which sentences were to run concurrently. We note at the outset of our consideration of this appeal that this cause involves the homicide of one individual. Therefore, the trial court could not impose sentence on three counts of murder. Pointon v. State, (1980) 274 Ind. 44, 408 N.E.2d 1255; Franks v. State, (1975) 262 Ind. 649, 323 N.E.2d 221. We remand this cause with instructions to vacate the judgments and sentences for Murder under Count II, Murder in the Perpetration of a Robbery, and Murder under Count III, Murder in the Perpetration of a Kidnapping.


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