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FOR PUBLICATION
ATTORNEY FOR APPELLANT: NANCY A. McCASLIN McCaslin & McCaslin Elkhart, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
HENRY J. ADKINS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A03-0608-CR-351

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable James W. Rieckhoff, Judge Cause No. 20D05-0406-FD-258

July 19, 2007

OPINION - FOR PUBLICATION

SHARPNACK, Judge

Henry J. Adkins appeals his conviction for pointing a firearm as a class D felony. 1 Adkins raises two issues, which we restate as: I. Whether the trial court abused its discretion when it did not allow Adkins's wife to testify as a witness; and Whether the trial court erred when it instructed the jury regarding the elements of the offense.

II.

We affirm. The relevant facts follow. On June 2, 2004, Adkins and his brother came into Jason Boze's apartment. Boze was watching television with Ivy Walters, Justin Leason, and Lynndsey Felton. Adkins pointed a gun at Boze's neck and said, "don't ever mess with my cousin again." Transcript at 43. Adkins also pointed the gun at Walters and Leason. Adkins and his brother took Boze's phone and smashed it on the sidewalk outside. When Adkins was outside, he fired the gun into the air and said, "next time this is going to be you." Id. at 47. The State charged Adkins with pointing a firearm as a class D felony. Adkins filed a notice of alibi, which alleged that he was "at work, in the City of Muncie, County of Delaware, Indiana" on the date of the offense. Appellant's Appendix at 24. Prior to the jury trial, the State filed a motion in limine seeking to exclude third-party evidence related to his alibi due to lack of specificity in the notice of alibi. At the start of the jury trial, the trial court granted the State's motion in limine. Boze testified that Adkins and his brother came to the apartment, while Walters testified that Adkins, his brother,

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Ind. Code

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