Indiana Code

Ind. Code § 35-42-1-8 (2025)

Repealed

✓ 2025 Indiana Code: the 2026 session is not included
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As added by P.L.184-1989, SEC.28. Repealed by P.L.158-2013, SEC.418.

 

Notes of Decisions
Cited in 22 cases, 1983–2005 · leading case: Morgan v. State, 755 N.E.2d 1070 (Ind. 2001).
Morgan v. State, 755 N.E.2d 1070 (Ind. 2001). · cites it 2× “" Ind.Code § 35-42-1-8. Defendant's defense was that he didn't intentionally kill Wiley.”
Conner v. State, 829 N.E.2d 21 (Ind. 2005). · cites it 2× “§ 85-42-1-1 (a person who knowingly or intentionally kills another human being commits murder) and I.C. § 35-42-1-8 (a person who knowingly or intentionally kills another human being while acting under "sudden heat" commits voluntary manslaughter).”
Ryle v. State, 842 N.E.2d 320 (Ind. 2005). “§ 35-42-1-8 (West 2004). In sentencing Ryle, the trial court allotted minimal mitigating weight to the fact that he was only twenty-two years old.”
Holder v. State, 571 N.E.2d 1250 (Ind. 1991). · cites it 2× “Holder guilty of voluntary manslaughter, a class A felony, Ind.Code § 35-42-1-8 (West Supp.1990). The trial court entered judgment on the verdict and sentenced her to twenty years in prison.”
Ingle v. State, 746 N.E.2d 927 (Ind. 2001). · cites it 2× “" Ind. Code § 35-42-1-8 (a) (1998). Sudden heat is a mitigating factor that reduces what otherwise would be murder.”
Roark v. State, 644 N.E.2d 565 (Ind. 1994). · cites it 2× “" Ind.Code § 35-42-1-8(a) (1988). Defendant contends that the subsequent three stabbings were part of a continuing reaction to the provocation caused by Betty Waggoner.”
Bradley v. State, 770 N.E.2d 382 (Ind. Ct. App. 2002). · cites it 2× “I.C. § 35-42-1-8. The State also correctly notes that a fact which constitutes a material clement of a crime may not be used as an aggravating factor to support an enhanced sentence.”
Darby v. State, 514 N.E.2d 1049 (Ind. 1987). · cites it 2× “Ind.Code Ann. §§ 35-42-1-8, 85-50-2-5 (Burns 1985).”
Isom v. State, 651 N.E.2d 1151 (Ind. 1995). · cites it 2× “Ind.Code § 35-42-1-8(b). See Palmer II, 5783 N.”
Maiden v. State, 477 N.E.2d 275 (Ind. 1985). · cites it 2× “Following a trial by jury, Defendant (Appellant) was convicted of voluntary manslaughter, a class B felony, Ind.Code § 35-42-1-8 (Burns 1979) and was sentenced to sixteen (16) years imprisonment.”
Robinson v. State, 453 N.E.2d 280 (Ind. 1983). · cites it 2× “Ind.Code § 35-42-1-8 (Burns 1979 Repl.) It is true that killing in the heat of passion is the element which distinguishes voluntary manslaughter from murder.”
Eagan v. State, 480 N.E.2d 946 (Ind. 1985). · cites it 2× “ISSUE II Defendant contends that the trial court erred in failing to give, sua sponte, an instruction allowing the jury to convict him of the lesser included offense of attempted voluntary manslaughter, see Ind.Code §§ 35-42-1-8, 35-41-5-1 (Burns 1979 Repl.”
Ind. Code § 35-42-1-8(a): 1 case
Roark v. State, 644 N.E.2d 565 (Ind. 1994). “" Ind.Code § 35-42-1-8(a) (1988). Defendant contends that the subsequent three stabbings were part of a continuing reaction to the provocation caused by Betty Waggoner.”
Ind. Code § 35-42-1-8(b): 1 case
Isom v. State, 651 N.E.2d 1151 (Ind. 1995). “Ind.Code § 35-42-1-8(b). See Palmer II, 5783 N.”
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