This section contains the nature of the case and procedural background.

D entered Garage with a loaded sixteen-gauge shotgun. His intent was to rob the owner of the garage, Sylvester Leingang. D struck him on two different occasions with the barrel of the shotgun, causing severe head wounds. D ordered Leingang, into the basement of the garage where he shot and killed him. D was 19 years of age, weighed approximately 175, and was over 6 feet tall. The decedent was 66 years of age. The fatal wound extended laterally from the left rear toward the right front of the body of Leingang. D was convicted of first-degree murder and appealed. D claims in part that P did not prove that the killing was done 'purposely.'

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