Lynch v. State, 20S03-9105-CR-372

Citation571 N.E.2d 537
Decision Date17 May 1991
Docket NumberNo. 20S03-9105-CR-372,20S03-9105-CR-372
PartiesMichael R. LYNCH, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).
CourtSupreme Court of Indiana

KRAHULIK, Justice.

This matter is before us on Lynch's Petition to Transfer from the Third District Court of Appeals. In an opinion reported at 552 N.E.2d 56 (Garrard, J. dissenting) the Court of Appeals upheld Lynch's conviction for murder. The only issue raised by Lynch in his petition is whether the trial court properly refused his tendered instruction on involuntary manslaughter as a lesser included offense of murder. Because we find that Lynch was entitled to such an instruction, we now grant transfer, vacate the opinion of the Court of Appeals, reverse the decision of the trial court and order a new trial.

The facts relevant to this issue are as set out by the Court of Appeals:

On January 12, 1988, the defendant, who resided with his parents, went to his mother's bedroom and retrieved a .410 bolt action shotgun. While his father, the victim, was in the shower, defendant entered the bathroom, positioned the gun within 2 to 3 inches of his father's body and fired.

Defendant then called 911 but when asked his name he hung up. The defendant fled from the residence on foot.

When police arrived at the residence they discovered the victim lying on the kitchen floor. Officer Schollian asked the victim who shot him and he replied that his son had shot him. The victim advised police that his son had left on foot.

Shortly thereafter, defendant was apprehended as he was walking on the street. The defendant had blood all over his face, hands, and clothing. The blood was his father's. Defendant was arrested and his rights were read to him. Defendant indicated that he understood those rights and asked, "How's my dad?" A video-taped statement was taken from the defendant in which he claimed the blood on his clothing was from hunting deer.

552 N.E.2d at 57-58.

We also note from the record the following additional facts. The shot entered the victim's body on the lateral aspect of his right arm a few inches above the elbow, exited the opposite side of the arm, and re-entered his body on the lateral side of the chest a few inches under the arm. The shot penetrated the chest in a downward fashion.

At trial, Lynch testified that there had been problems between him and his father and that, inspired by religious principles, Lynch had planned to shoot and wound his father so that, during his father's hospitalization, they would be able to work out the differences between them. Lynch also claimed that he was insane at the time of the shooting. Upon this evidence Lynch claims he is entitled to an instruction on involuntary manslaughter.

As the Court of Appeals correctly pointed out, a two-step inquiry is required to determine whether an instruction on a lesser included offense should be given. Jones v. State (1982), Ind., 438 N.E.2d 972, 974. First, we determine whether the lesser offense is inherently or factually included in the greater offense by looking at the statutes and the charging document. Whipple v. State (1988), Ind., 523 N.E.2d 1363, 1372. An offense is lesser included if all the statutory elements of the lesser offense are part of the statutory definition of the greater offense or if the charging instrument shows the means used to commit the crime charged include all of the elements of the lesser offense. Jones v. State (1988), Ind., 519 N.E.2d 1233, 1234-35.

Murder is defined as knowingly or intentionally killing another human being. Ind.Code Sec. 35-42-1-1(1). Involuntary manslaughter is defined as occurring when a person kills another human being while committing or attempting to commit a battery, Ind.Code Sec. 35-42-1-4, and contemplates an incidental killing that occurs during a battery. Ingram v. State (1989), Ind., 547 N.E.2d 823, 831. Battery is defined as knowingly or intentionally touching another person in a rude, insolent or angry manner. Ind.Code Sec. 35-42-2-1. Here, the killing was obviously accomplished with a touching by Lynch and, therefore, involuntary manslaughter is a lesser included offense of murder.

The majority in the Court of Appeals concluded that the prosecutor had drafted the information in such a way as to preclude an instruction on involuntary manslaughter. Although the majority is correct that, under certain circumstances, an information can be drafted to preclude an instruction on a lesser included offense, this is not such a case.

The second part of the test is to determine whether there is evidence before the jury that the included offense was committed, Jones v. State, 519 N.E.2d at 1234. This test is designed to determine whether the evidence warrants an instruction on the lesser offense, and hinges on whether a serious evidentiary dispute exists with...

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37 cases
  • Meriweather v. State
    • United States
    • Indiana Appellate Court
    • November 30, 1995
    ...offense. 7 See Wright v. State, (Nov. 17, 1995) Ind., 658 N.E.2d 563; Aschliman v. State (1992) Ind., 589 N.E.2d 1160; Lynch v. State (1991) Ind., 571 N.E.2d 537. In Lynch, our Supreme Court vacated a Court of Appeals decision which applied the "closely tracking" rule to preclude a requeste......
  • Wright v. State
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    • Indiana Supreme Court
    • November 17, 1995
    ...included offense is factually included in the crime charged, and the trial court should proceed to step three below. Lynch v. State (1991), Ind., 571 N.E.2d 537, 538. If the alleged lesser included offense is neither inherently nor factually included in the crime charged, then the trial cou......
  • Simpson v. State
    • United States
    • Indiana Appellate Court
    • January 20, 1994
    ...or attempting to commit a battery, I.C. 35-42-1-4, and contemplates an incidental killing that occurs during a battery. Lynch v. State (1991), Ind., 571 N.E.2d 537, 538 citing Ingram v. State (1989), Ind., 547 N.E.2d 823, 831. Battery is defined as the knowing or intentional touching of ano......
  • Weaver v. State
    • United States
    • Indiana Supreme Court
    • December 20, 1991
    ...heat. We use a two-step inquiry to determine whether an instruction on a lesser included offense should have been given. Lynch v. State (1991), Ind., 571 N.E.2d 537. We first determine whether the lesser offense is inherently or factually included in the greater offense by looking at the st......
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