Ballard v. State, No. 578S94

Docket NºNo. 578S94
Citation385 N.E.2d 1126, 270 Ind. 337
Case DateFebruary 16, 1979
CourtSupreme Court of Indiana

Page 1126

385 N.E.2d 1126
270 Ind. 337
James Norman BALLARD and Christopher Paul Vickers, Appellants,
v.
STATE of Indiana, Appellee.
No. 578S94.
Supreme Court of Indiana.
Feb. 16, 1979.

David N. Gilyan, Merrillville, for appellants.

Theodore L. Sendak, Atty. Gen., Joel Schiff, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

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.

[270 Ind. 338]

Page 1127

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...

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6 practice notes
  • Ballard v. Duckworth, No. S85-224.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • 6 Marzo 1986
    ...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......
  • Lewis v. State, No. 382S107
    • United States
    • Indiana Supreme Court of Indiana
    • 27 Octubre 1982
    ...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 twice commanding her to rem......
  • Woodson v. State, No. 883S287PS
    • United States
    • Indiana Supreme Court of Indiana
    • 3 Octubre 1985
    ...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 require......
  • Tillman v. State, No. 1279S354
    • United States
    • Indiana Supreme Court of Indiana
    • 28 Agosto 1980
    ...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 the defendant s......
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6 cases
  • Ballard v. Duckworth, No. S85-224.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • 6 Marzo 1986
    ...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......
  • Lewis v. State, No. 382S107
    • United States
    • Indiana Supreme Court of Indiana
    • 27 Octubre 1982
    ...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 twice commanding her to rem......
  • Woodson v. State, No. 883S287PS
    • United States
    • Indiana Supreme Court of Indiana
    • 3 Octubre 1985
    ...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 require......
  • Tillman v. State, No. 1279S354
    • United States
    • Indiana Supreme Court of Indiana
    • 28 Agosto 1980
    ...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 the defendant s......
  • Request a trial to view additional results

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