at 367, 417 N.E.2d at 906. 8. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. Lived In Spokane WA, Brush Prairie WA, Veradale WA, Battle Ground WA. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. III. Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.See footnote 7, On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. Percy passed away in 1948, at age 59 at death place. Brewer noted that, as in habitual offender proceedings, the death penalty information must be pleaded on a separate page from the charging instrument to "shield [the defendant] from the hazard of having the knowledge of his prior criminal record prematurely imparted to the jury. See also Swanson v. State, 666 N.E.2d 397 (Ind.1996) (although common-law doctrine of res gestae did not survive enactment of Indiana Rules of Evidence, facts that are part of the story of the crime are admissible if relevant within the meaning of Evidence Rule 401). The trial court denied Thompson's motion, ruling that the State could show how a weapon of the crime was obtained. Inexplicably, Featheringill was also permitted to relate Percy's account of an execution style shooting.10 The fact that Crandall was killed, and how that occurred, was potentially as prejudicial as any fact can be and had no bearing on whether Thompson stole the murder weapon from Crandall that day. United States v. York, 933 F.2d 1343, 1353-54 (7th Cir. The fact of a shotgun wound could perhaps have been established by a police officer or otherwise without getting into whether it was fatal. 1993). It is valid as a logical proposition only if one has an understanding of all the dynamics of the Crandall trial. 1986). As a result, the decision to admit evidence of Thompson's access to the gun, and the State's offer of corroborative evidence to support Percy's version of the events in New Castle, was within the trial court's discretion.
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