Boles v. State, 1--874A122

Citation322 N.E.2d 722,163 Ind.App. 196
Decision Date11 February 1975
Docket NumberNo. 1--874A122,1--874A122
PartiesWilliam Earl BOLES, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).
CourtCourt of Appeals of Indiana

Malcolm G. Montgomery, Evansville, for appellant.

Theodore L. Sendak, Atty. Gen., Douglas W. Meyer, Deputy Atty. Gen., Indianapolis, for appellee.

LYBROOK, Judge.

Defendant-appellant Boles was charged by information in two counts with burglary in the second degree and fleeing from a police officer. After trial by jury, Boles was found guilty on each count, and this appeal followed.

The sole contention of error preserved for review concerns various rulings by the trial court as to the admissibility of evidence of Boles' flight from police officers on three separate occasions subsequent to the date of the offenses charged.

At about 5:30 A.M. on July 23, 1973, police officers William Brown and Allen Byers responded to a call concerning a possible burglary in progress at the Evansville Elks Lodge. Upon arrival at the scene, the officers observed a broken window and heard voices inside the lodge. Brown entered through the window and discovered that a cigarette machine had been broken into, a liquor cabinet rifled, and the alarm system wires cut. While attempting to locate a door to admit other officers Brown, after identifying himself as a police officer, was attacked by an assailant brandishing a 'knife-like' object. After subduing the assailant, Brown handcuffed him, led him downstairs to a lighted area, laid him face down on the floor, placed a table and part of a cigarette machine on top of him, and instructed him not to move. Brown then left to pursue other possible suspects in the building. About four or five minutes later, Brown returned to find his assailant missing.

About a day and a half later, Brown positively identified Boles as his assailant from a photograph in the police department's record room. Shortly thereafter, informations were filed setting forth the offenses upon which Boles was ultimately tried and convicted.

On August 14, 1973, Evansville Police Officer Joseph Reed attempted to arrest Boles pursuant to the second degree burglary warrant, but was unsuccessful due to the defendant's flight. While Officer Reed did not inform the defendant that he was being arrested for the burglary at the Elks Lodge, he did inform him that he was under arrest. Police Officer Frank Wilkins attempted to arrest the defendant in October of 1973, pursuant to the burglary warrant, but was unsuccessful due to the defendant's flight. While Officer Wilkins did not inform the defendant of the arrest warrant, he did identify himself as a police officer. Officer Edward Bierderwolf attempted to apprehend the defendant on October 31, 1973, but was unsuccessful due to the defendant's flight. While Officer Bierderwolf did not have a warrant in his possession, he did identify himself as a police officer and ordered the defendant to stop. Officers Daryl Merle and Jerry Paddock responded to Officer Bierderwolf's call for assistance. From an alley in the area in which Boles had disappeared, the officers heard the sound of breaking glass. Shortly thereafter, they discovered Boles hiding under a bed in an occupied apartment. Boles had gained access to the apartment by breaking a window, unlocking a door, and entering without the consent of the occupants.

I.

Appellant vigorously objected to the admission during the State's case of evidence of his attempts to avoid arrest occurring subsequent to the date of the crimes for which he was being tried. He contends that this evidence tends to prove the commission of subsequent independent crimes, being burglary and fleeing from a police officer, and therefore falls within the general rule excluding proof of a criminal act to establish another distinct crime. Application of the rule is found in the cases relied upon by appellant, Layton v. State (1966), 248 Ind. 52, 221 N.E.2d 881 and Duvose v. State (1971), 257 Ind. 450, 275 N.E.2d 536. However, as those decisions aptly point out, certain well defined exceptions to the general rule are recognized. Moreover, while each of these decisions resulted in reversal due to the failure of the items of challenged evidence to qualify under any of the recognized exceptions to the rule, neither is factually relevant to our analysis in the case at bar.

Evidence of conduct which tends to show the commission of other crimes by the defendant may be relevant as tending to prove guilty knowledge of the crime charged. Vandeveer v. State (1971) 256 Ind. 509, 269 N.E.2d 865; Meeks v. State (1968), 249 Ind. 659, 234 N.E.2d 629. Thus, among the exceptions to the general exclusionary rule is evidence of criminal conduct constituting admissions by conduct, intended to obstruct justice or avoid punishment for the crime charged. See, McCormick, Evidence § 190 (2d Ed. 1972).

That flight or avoidance of arrest is admissible as evidence of guilty knowledge cannot be doubted. See, Atkins v. State (1974), Ind.App., 307 N.E.2d 73; Haynes v. State (197...

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17 cases
  • Sizemore v. State
    • United States
    • Court of Appeals of Indiana
    • January 29, 1979
    ...value of the evidence with respect to a material fact as against possible prejudice attendant to its admission. Boles v. State (1975), 163 Ind.App. 196, 322 N.E.2d 722. As discussed Infra, the age of the prosecutrix was relevant to the lesser included offense of assault and battery with int......
  • Sizemore v. State
    • United States
    • Supreme Court of Indiana
    • October 25, 1979
    ...value of the evidence with respect to a material fact as against the possible prejudice attendant to its admission. Boles v. State, (1975), 163 Ind.App. 196, 322 N.E.2d 722. As discussed Infra, the age of the prosecutrix was relevant to the lesser included offense of assault and battery wit......
  • Murphy v. State
    • United States
    • Court of Appeals of Indiana
    • March 5, 1985
    ...evidence of guilt. See, e.g., Short v. State (1982), Ind., 443 N.E.2d 298; Manley v. State, supra, 410 N.E.2d 1338; Boles v. State (1975), 163 Ind.App. 196, 322 N.E.2d 722; Marshall v. State (1974), 162 Ind.App. 392, 320 N.E.2d 830. 5 The evidence underlying the jury verdict was substantial......
  • Dayton Walther Corp. v. Caldwell, 480S103
    • United States
    • Supreme Court of Indiana
    • April 17, 1980
    ...is admitted when that evidence is likely to induce a jury to reach a decision based upon improper considerations. Boles v. State, (1975) 163 Ind.App. 196, 322 N.E.2d 722. Dayton Walther asserted at trial, however, that the evidence was not material, not relevant, not probative, and was intr......
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