Ballard v. State
| Decision Date | 16 February 1979 |
| Docket Number | No. 578S94,578S94 |
| Parties | James Norman BALLARD and Christopher Paul Vickers, Appellants, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
David N. Gilyan, Merrillville, for appellants.
Theodore L. Sendak, Atty. Gen., Joel Schiff, Deputy Atty. Gen., Indianapolis, for appellee.
Appellants were found guilty of rape, kidnaping, commission of a felony while armed and robbery. They were sentenced to a term of twenty-one years for rape, fifteen years for the commission of a felony while armed and to a life term for kidnaping. The trial court did not impose a sentence for the robbery conviction, finding robbery to be a lesser included offense in the commission of a felony while armed.
Appellants' sole allegation on appeal is that there was insufficient evidence to sustain their convictions. This Court will consider only the evidence most favorable to the State, together with all reasonable and logical inferences to be drawn therefrom and will affirm the conviction when there is substantial evidence of probative value on each element of the crime charged. Henderson v. State, (1976) 264 Ind. 334, 343 N.E.2d 776. The evidence in this case shows that the victim left work around midnight on August 25, 1977. While she was starting her car the door opened and one of the appellants said they had car trouble and requested assistance. They told the victim that their car was a block away and she agreed to help them. She gave them a ride to the car and pushed it off the road. When she began to leave, the appellants jumped into the victim's car, grabbed her arm, pulled out a knife and ordered the victim into the backseat. The appellants told the victim they had guns and would kill her if she did not co-operate. They further told her that they had escaped from the Michigan City Jail and were going to hold her as hostage.
After driving for about 15 minutes, the appellants stopped at a store in order to purchase beer. They rummaged through the victim's purse and took approximately $4.00. They then drove to another location where the appellants had a tent. Once inside the tent the appellants, over the victim's resistance, disrobed the victim and forced her to submit to numerous sexual acts including sexual intercourse with both men. The next morning the appellants drove the victim back to her car and let her out. They told her that if she went to the police they would kill her.
Appellants first argue that the evidence was insufficient to show that the sexual acts had occurred against the will of the victim. They contend there was little physical resistance and the victim had voluntarily co-operated during the entire time. This Court has held that the resistance necessary to prevent a sexual attack is a question of fact which is dependent upon the surrounding circumstances in each case....
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Ballard v. Duckworth
...examination of the underlying state court record and the opinion of the Supreme Court of Indiana on direct appeal, Ballard v. State, 270 Ind. 337, 385 N.E.2d 1126 (1979), as well as, the opinion of the Supreme Court of Indiana on appeal of the denial of post-conviction relief petition, Vick......
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Lewis v. State
...can reasonably believe that such resistance might endanger her life. Dixon v. State, (1976) 264 Ind. 651, 348 N.E.2d 401; Ballard v. State, (1979) Ind., 385 N.E.2d 1126. B.R. testified she was afraid to resist when appellant showed her the knife and held it pointed at her stomach while twic......
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Tillman v. State
...intercourse. We have held that physical resistance is not required where it is prevented by threats and fear of injury. Ballard v. State, (1979) Ind., 385 N.E.2d 1126; Spaulding v. State, (1978) 268 Ind. 23, 373 N.E.2d 165. In the case at bar, the victim testified that she submitted because......
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Woodson v. State
... ... A victim need not physically resist when resistance is prevented by threats and fear of injury." (Citations omitted.) ... Ballard; Vickers v. State (1979), 270 Ind. 337, 338, 385 N.E.2d 1126, 1127. And this Court stated in Dixon v. State (1976), 264 Ind. 651, 657-58, 348 N.E.2d 401, 405: ... "There is no requirement that a woman scream or physically resist, when by such an act she may very well anger or frustrate her ... ...