Barnes v. State, No. 570S109

Docket NºNo. 570S109
Citation255 Ind. 674, 266 N.E.2d 617
Case DateFebruary 08, 1971
CourtSupreme Court of Indiana

Page 617

266 N.E.2d 617
255 Ind. 674
William L. BARNES, Appellant,
v.
STATE of Indiana, Appellee.
No. 570S109.
Supreme Court of Indiana.
Feb. 8, 1971.

[255 Ind. 675] Palmer K. Ward, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., William F. Thompson, Asst. Atty. Gen., Indianapolis, for appellee.

ARTERBURN, Chief Justice.

This is an appeal from the Marion Criminal Court, Division 2, where appellant was tried before Judge Saul I. Rabb without the intervention of a jury. The appellant was found guilty as charged of the crimes of first degree burglary and sodomy.

Evidence introduced at the trial indicates that on August 10, 1969, at about 2:30 a.m., Mrs. Janet Ballard was awakened when a man put his hands upon her neck and threatened her with a knife and said: 'Don't move and don't scream.' Mrs. Ballard was then advised that her assailant

Page 618

wanted to engage in an act of sexual intercourse with her and also that he wanted her to commit an act of sodomy upon him. Mrs. Ballard was told 'Be quiet' on more than one instance and was also told: 'Don't move the pillow until I heard the door click.' Mrs. Ballard estimated that the whole occurrence lasted about one-half hour and stated that she heard the defendant talking the whole time.

Appellant argues on this appeal that the trial court erred in admitting certain testimony concerning a pair of shoes which was found in the defendant's apartment. The court refused to admit this pair of shoes into evidence but there was testimony concerning them which connected the defendant to the crime. The defendant, however, failed to object to the testimony and thus failed to preserve this issue for review. This Court has reiterated on many occasions that objections not made in the trial court cannot be urged on appeal. Widmer v. Sweeney et al. (1955), 234 Ind. 263, [255 Ind. 676] 124 N.E.2d 385; Eiffe v. State (1948), 226 Ind. 57, 77 N.E.2d 750; Meadows v. Thomas (1918), 187 Ind. 216, 118 N.E. 811; Seisler v. Smith et al. (1897), 150 Ind. 88, 46 N.E. 993.

It is next contended that the judgment of the trial court is not sustained by sufficient evidence regarding the identification of the defendant. In this case, the defendant was identified by his voice. This Court has recognized the validity of voice identification in criminal prosecutions. Allison v. State (1960), 240 Ind. 556, 166 N.E.2d 171; Deal v. State (1895), 140 Ind. 354, 39 N.E. 930. See also 29 Am.Jur.2d, Evidence § 368 where it...

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21 practice notes
  • In re A.P., No. 19-246
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 9 Octubre 2020
    ...to be objectionable ... then let such acts be enacted as crimes fully defined in clear, unequivocal language." Barnes v. State, 255 Ind. 674, 266 N.E.2d 617, 619 (1971) (Prentice, J., concurring and dissenting). Clearly-defined crimes of nonconsensual sexual touching and indecent exposure a......
  • Robinson v. State, No. 2-1072A80
    • United States
    • Indiana Court of Appeals of Indiana
    • 15 Abril 1974
    ...In none does it appear certain, however, that the conviction rested solely on the voice identification. In Barnes v. State (1971), Ind., 266 N.E.2d 617, it appears that the identifying witness had no prior acquaintance with her attacker but she did hear his voice over a much longer period t......
  • Hess v. State, No. 1271S372
    • United States
    • Indiana Supreme Court of Indiana
    • 22 Mayo 1973
    ...have been averted. Chustak et al. v. Northern Indiana Public Service Co. (1972), Ind., 288 N.E.2d 149; Barnes v. State (1971), Ind., 266 N.E.2d 617; Wilhoite v. State (1971), Ind., 266 N.E.2d 23; Brown v. State (1970), Ind., 262 N.E.2d DeBRULER, J., concurs. HUNTER, Justice (dissenting). I ......
  • Pinkerton v. State, No. 770S142
    • United States
    • Indiana Supreme Court of Indiana
    • 6 Junio 1972
    ...be promptly corrected by the trial court.' Hensley v. State (1969), 251 Ind. 633, 244 N.E.2d 225 at 228. Barnes v. State (1971), ind., 266 N.E.2d 617. As may be seen from the testimony of Officer Berry set out above, a proper warning was given immediately after it was determined that the de......
  • Request a trial to view additional results
21 cases
  • In re A.P., No. 19-246
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 9 Octubre 2020
    ...to be objectionable ... then let such acts be enacted as crimes fully defined in clear, unequivocal language." Barnes v. State, 255 Ind. 674, 266 N.E.2d 617, 619 (1971) (Prentice, J., concurring and dissenting). Clearly-defined crimes of nonconsensual sexual touching and indecent exposure a......
  • Robinson v. State, No. 2-1072A80
    • United States
    • Indiana Court of Appeals of Indiana
    • 15 Abril 1974
    ...In none does it appear certain, however, that the conviction rested solely on the voice identification. In Barnes v. State (1971), Ind., 266 N.E.2d 617, it appears that the identifying witness had no prior acquaintance with her attacker but she did hear his voice over a much longer period t......
  • Hess v. State, No. 1271S372
    • United States
    • Indiana Supreme Court of Indiana
    • 22 Mayo 1973
    ...have been averted. Chustak et al. v. Northern Indiana Public Service Co. (1972), Ind., 288 N.E.2d 149; Barnes v. State (1971), Ind., 266 N.E.2d 617; Wilhoite v. State (1971), Ind., 266 N.E.2d 23; Brown v. State (1970), Ind., 262 N.E.2d DeBRULER, J., concurs. HUNTER, Justice (dissenting). I ......
  • Pinkerton v. State, No. 770S142
    • United States
    • Indiana Supreme Court of Indiana
    • 6 Junio 1972
    ...be promptly corrected by the trial court.' Hensley v. State (1969), 251 Ind. 633, 244 N.E.2d 225 at 228. Barnes v. State (1971), ind., 266 N.E.2d 617. As may be seen from the testimony of Officer Berry set out above, a proper warning was given immediately after it was determined that the de......
  • Request a trial to view additional results

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