498 N.E.2d 397 | Ind. | 1986
Defendant-Appellant Cleamon Bryant was found guilty by the trial court in Lake Superior Court of voluntary manslaughter, a class B felony, and attempted voluntary manslaughter, a class B felony. He was sentenced to fourteen (14) years on each count, the sentences to be served concurrently. On direct appeal, the sole issue for our consideration is whether the trial court erred in denying Appellant's Motion for Judgment on the Evidence, and whether there is sufficient evidence to sustain the conviction.
Appellant went to Evelyn Parrish's apartment on November 21, 1988. The two watched television and drank wine until midnight or shortly thereafter, at which time they went to sleep. At 7:00 a.m. the following morning, Parrish awakened Appellant and told him he had to leave because her mother was coming over. Appellant returned later and asked Parrish to fix breakfast for him. Parrish told him she would not, that she had to leave, and that she did not want to see him any more. Appellant and Parrish left the apartment separately. When Parrish returned around noon with her daughter, she observed her brother, who also lived in the apartment, in her bedroom, and Appellant walking out of her daughter's bedroom with a handgun. Appellant grabbed Parrish's arm. When Parrish pleaded with Appellant not to shoot her, he replied, "B , get on the floor." Parrish's brother also asked Appellant not to shoot her. Appellant shot and killed Parrish's brother, and then shot Parrish in the face and leg.
Appellant phrases his argument in terms of the trial court's failure to grant his "Motion for a Directed Verdict." We
The trial court is affirmed.