273 N.E.2d 96 (Ind. 1971), 271S31, Yeary v. State

Docket Nº271S31.
Citation273 N.E.2d 96, 257 Ind. 159
Party NameRobert Steven YEARY, Appellant, v. STATE of Indiana, Appellee.
Case DateSeptember 14, 1971
CourtSupreme Court of Indiana

Page 96

273 N.E.2d 96 (Ind. 1971)

257 Ind. 159

Robert Steven YEARY, Appellant,

v.

STATE of Indiana, Appellee.

No. 271S31.

Supreme Court of Indiana.

September 14, 1971

Rehearing Denied Oct. 26, 1971.

[257 Ind. 160] Frederick B. Robinson, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen D. Clase, Deputy Atty. Gen., for appellee.

ARTERBURN, Chief Justice.

On June 4, 1970, the appellant was charged by Indictment, in the Marion

Page 97

Criminal Court, with the rape of a female person. The appellant was taken in custody on June 4, 1970, and was held to bail in the sum of [257 Ind. 161] five thousand ($5,000.) dollars. On June 9, 1970, appellant requested a reduction in his bond to two thousand ($2,000.) dollars, which was granted by the court. On June 24, 1970, appellant waived arraignment and pleaded 'Not guilty.' Appellant requested and was granted a jury trial, set for October 5, 1970. At the conclusion of all the evidence, the jury returned a verdict of guilty. The court passed sentence on the appellant as follows:

'* * * The Court now sentences Defendant Robert S. Yeary, age 23, to the Indiana State Reformatory for two (2) to twenty-one (21) years and costs.'

The record discloses that the prosecuting witness, an eighteen (18) year old girl, testified as to the following facts. On February 26, 1970, the girl was waiting on a street corner in Indianapolis, to catch a bus, as she did every evening, to return to her home after work. While waiting on the street corner, the appellant and his brother stopped the small van-type truck in which they were riding and asked the girl if she would like a ride. The girl accepted the offer and got into the truck, after one of the men alighted so she could sit between them. As there were only two seats in the truck, the girl had to sit on the raised area between the two seats, which covered the engine. After some idle chatting, the appellant put the girl on his knee whereupon she told him she wanted off his knee and slid back to her seat on the engine covering. A short while later, the appellant asked the girl to kiss him, and she refused, and he pulled her down asking again for a kiss. The appellant and his brother drove past the point where the girl had told them she wanted off, near her home. Shortly thereafter, the appellant asked the girl to get into the open rear area of the truck. When she refused both men pushed her into the rear of the van. The appellant's brother who had been driving the truck put his body on top of the girl to hold her down. After stopping the truck, the appellant entered the rear of the truck and told the girl to [257 Ind. 162] remove her clothes, which she refused to do. The appellant then took the girl's clothes off of her and forcibly had sexual intercourse with her. The brother then switched places with the appellant and he too had forcible intercourse with the girl. The girl screamed and resisted the men but could not defend herself. The windows of the truck were high and closed and the rape took place on the floor of the truck where no one could see from the outside. The appellant...

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20 practice notes
  • 393 N.E.2d 802 (Ind.App. 3 Dist. 1979), 3-477A97, Snyder v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • August 30, 1979
    ...consider such matters, and they are deemed waived. The cases are uniformly in accord with this proposition. Yeary v. State (1971), Ind., 273 N.E.2d 96; Miller v. State (1971), Ind., 268 N.E.2d 299. We cannot answer Bald assertions of error that are not supported by legal authority. To do so......
  • 319 N.E.2d 878 (Ind.App. 2 Dist. 1974), 2--174A15, Burnett v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • December 19, 1974
    ...[162 Ind.App. 548] v. State (1972), Ind., 284 N.E.2d 799; Williams v. State (1973), Ind., 297 N.E.2d 805; Yeary v. State (1971), Ind., 273 N.E.2d 96; Miller v. State (1971), Ind., 268 N.E.2d 299. Burnett asserts that the 'best evidence' rule allows admission of sherrie's testimony because t......
  • 375 N.E.2d 1105 (Ind. 1978), 277S151, Guardiola v. State
    • United States
    • Indiana Supreme Court of Indiana
    • May 17, 1978
    ...e. g., Bradberry v. State, (1977) Ind., 364 N.E.2d 1183; Ballard v. State, (1974) 262 Ind. 482, 318 N.E.2d 798; Yeary v. State, (1971) 257 Ind. 159, 273 N.E.2d 96. Whether or not failure to comply with the substance of the appellate rules, in any of these respects, constitutes a waiver of e......
  • 292 N.E.2d 277 (Ind.App. 3 Dist. 1973), 3-572A2, Kleinrichert v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • February 9, 1973
    ...hearing, he has waived any error which may have resulted from the trial court's ruling on his motion. In Yeary v. State (1971), Ind., 273 N.E.2d 96, the Defendant's counsel requested the production of a statement given to the police by the prosecuting witness. Our Supreme Court held in an o......
  • Request a trial to view additional results
20 cases
  • 393 N.E.2d 802 (Ind.App. 3 Dist. 1979), 3-477A97, Snyder v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • August 30, 1979
    ...consider such matters, and they are deemed waived. The cases are uniformly in accord with this proposition. Yeary v. State (1971), Ind., 273 N.E.2d 96; Miller v. State (1971), Ind., 268 N.E.2d 299. We cannot answer Bald assertions of error that are not supported by legal authority. To do so......
  • 319 N.E.2d 878 (Ind.App. 2 Dist. 1974), 2--174A15, Burnett v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • December 19, 1974
    ...[162 Ind.App. 548] v. State (1972), Ind., 284 N.E.2d 799; Williams v. State (1973), Ind., 297 N.E.2d 805; Yeary v. State (1971), Ind., 273 N.E.2d 96; Miller v. State (1971), Ind., 268 N.E.2d 299. Burnett asserts that the 'best evidence' rule allows admission of sherrie's testimony because t......
  • 375 N.E.2d 1105 (Ind. 1978), 277S151, Guardiola v. State
    • United States
    • Indiana Supreme Court of Indiana
    • May 17, 1978
    ...e. g., Bradberry v. State, (1977) Ind., 364 N.E.2d 1183; Ballard v. State, (1974) 262 Ind. 482, 318 N.E.2d 798; Yeary v. State, (1971) 257 Ind. 159, 273 N.E.2d 96. Whether or not failure to comply with the substance of the appellate rules, in any of these respects, constitutes a waiver of e......
  • 292 N.E.2d 277 (Ind.App. 3 Dist. 1973), 3-572A2, Kleinrichert v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • February 9, 1973
    ...hearing, he has waived any error which may have resulted from the trial court's ruling on his motion. In Yeary v. State (1971), Ind., 273 N.E.2d 96, the Defendant's counsel requested the production of a statement given to the police by the prosecuting witness. Our Supreme Court held in an o......
  • Request a trial to view additional results

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