Borolos v. State, No. 24394.

Docket NºNo. 24394.
Citation143 N.E. 360, 194 Ind. 469
Case DateApril 09, 1924
CourtSupreme Court of Indiana

194 Ind. 469
143 N.E. 360

BOROLOS
v.
STATE.

No. 24394.

Supreme Court of Indiana.

April 9, 1924.


Appeal from Circuit Court, Lake County; Wm. H. Matthews, Special Judge.

Andrew Borolos was convicted of sodomy, and he appeals. Affirmed.


George P. Rose, of Gary, for appellant.

U. S. Lesh, Atty. Gen., for the State.


EWBANK, C. J.

Appellant was convicted of the crime of sodomy. Overruling his motion for a new trial is assigned as error, under which assignment he complains of the admission of certain evidence, and insists that the verdict is not sustained by sufficient evidence.

[1] The affidavit was sworn to on March 17, 1923, and charged the commission of the alleged offense “on or about the 7th day of March, 1923,” and the cause was tried by

[143 N.E. 361]

the court, without a jury, on the 3d of April, following. The prosecuting witness testified that he first met defendant (appellant) “before September, 1922”; that the crime was perpetrated upon him by defendant in the presence of other boys, among whom were F. B. and D. S., at a designated place in the woods to which he said they went with defendant, at a time when he said defendant gave them cigarettes and gave him a dollar, and when defendant had an overcoat with him, on which they lay down; that this happened three or four times; that the second time was about two weeks later, and the last time was about the last of September; and that defendant gave him a dollar three or four times and gave him “moonshine.” F. B. testified that he had known defendant only a few months, and that “around August” he was out in the woods at the place referred to with defendant and the prosecuting witness, and saw defendant commit the crime as charged, when defendant gave the prosecuting witness a dollar, and gave all of them cigarettes, and that defendant and another man had some “moonshine” which all of them drank; that it was in the summertime, but defendant had his overcoat with him. And D. S. testified that he was twice out in the woods at that place with the prosecuting witness, defendant, and F. B., and that he saw defendant do the act charged, lying on the ground with the prosecuting witness, but did not know the date, but that it was “around June,” and he thought the last time was “the last of June.” Another witness testified that on the Sunday before the trial defendant had offered him $50 to go on the witness stand and “lie about” defendant, and to “tell a lie about it so you can free me.” There was no motion to require the state to elect a date on which it would rely. The mere fact that the witnesses did not agree as to the exact time when the offense was committed did not make this evidence insufficient to sustain the finding of guilty.

[2] The prosecuting witness testified, without objection, that while they were over there in the woods together defendant “mistreated us,” and having repeated the statement that he “mistreated me,” told exactly what defendant did in committing the alleged crime at that time, and stated that the other boys were only a few feet away at the time, and that at the second, third, and fourth times when the act was repeated defendant had met him and the others by appointment, when they drank moonshine together, and defendant “gave us money.” F. B., after testifying that he was out there with some boys and men, including defendant and the prosecuting witness and D. S., when they drank “moonshine” which defendant and another man had brought, also testified that he stood only a few feet away while he saw the alleged unlawful act committed, and that the same persons went out together at least four times, when defendant repeated the act with the prosecuting witness, and that he saw defendant give the prosecuting witness a dollar, being “right there” at the time, and that “this” had been “going on among the boys down there *** between themselves, *** this kind of work.” Over an objection and exception by defendant, upon a showing that the time referred to was about two months before the date of the crime charged, this witness (F. B.) was permitted to answer the question, “Tell the court whether or not this man ever did that to you,” by stating that “Andy done it about four or five times.” In overruling the objection to this question, the trial court remarked that, “This would not make this man liable for his offense in this prosecution,” but undertook to state a ground on which he believed it to be admissible, which seems to be imperfectly reported. Similar testimony by D. S. was also admitted over an objection and exception. Appellant insists that the admission of such evidence was reversible error, as relating to the commission of a different offense upon a different person, not charged in the indictment. There was some evidence to the effect that the defendant worked regularly and bore a good reputation for peace and quiet and for...

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17 practice notes
  • Kallas v. State, 28469.
    • United States
    • Indiana Supreme Court of Indiana
    • February 4, 1949
    ...if they are of such a character that they tend to prove criminal intent in the principal transaction. * * *' In Borolos v. State, 1924, 194 Ind. 469, 143 N.E. 360, evidence of other acts of sodomy with other boys was held properly admitted. This court, 194 Ind. at page 473, 143 N.E. at page......
  • Kallas v. State, No. 28469.
    • United States
    • Indiana Supreme Court of Indiana
    • February 4, 1949
    ...if they are of such a character that they tend to prove criminal intent in the principal transaction. * * *’ In Borolos v. State, 1924, 194 Ind. 469, 143 N.E. 360, evidence of other acts of sodomy with other boys was held properly admitted. This court, 194 Ind. at page 473, 143 N.E. at page......
  • Watts v. State, No. 28695
    • United States
    • Indiana Supreme Court of Indiana
    • December 8, 1950
    ...and scheme against a class of which the deceased was a member. Kallas v. State, supra; Gears v. State, supra; Borolos v. State, 1924, 194 Ind. 469, 143 N.E. 360. This court said in Smith v. State, 1939, 215 Ind. 629, 634, 635, 21 N.E.2d 709, 711, 'Appellants also object to the introduction ......
  • Lehiy v. State, No. 50A03-8601-CR-30
    • United States
    • Indiana Court of Appeals of Indiana
    • December 8, 1986
    ...rule, stating that such evidence was permissible in actions involving abnormal sexual intercourse and citing Borolos v. State, (1924) 194 Ind. 469, 473, 143 N.E. 360 which involved sodomy. More recently this Court has allowed evidence of prior convictions for similar offenses to be admitted......
  • Request a trial to view additional results
17 cases
  • Kallas v. State, 28469.
    • United States
    • Indiana Supreme Court of Indiana
    • February 4, 1949
    ...if they are of such a character that they tend to prove criminal intent in the principal transaction. * * *' In Borolos v. State, 1924, 194 Ind. 469, 143 N.E. 360, evidence of other acts of sodomy with other boys was held properly admitted. This court, 194 Ind. at page 473, 143 N.E. at page......
  • Kallas v. State, No. 28469.
    • United States
    • Indiana Supreme Court of Indiana
    • February 4, 1949
    ...if they are of such a character that they tend to prove criminal intent in the principal transaction. * * *’ In Borolos v. State, 1924, 194 Ind. 469, 143 N.E. 360, evidence of other acts of sodomy with other boys was held properly admitted. This court, 194 Ind. at page 473, 143 N.E. at page......
  • Watts v. State, No. 28695
    • United States
    • Indiana Supreme Court of Indiana
    • December 8, 1950
    ...and scheme against a class of which the deceased was a member. Kallas v. State, supra; Gears v. State, supra; Borolos v. State, 1924, 194 Ind. 469, 143 N.E. 360. This court said in Smith v. State, 1939, 215 Ind. 629, 634, 635, 21 N.E.2d 709, 711, 'Appellants also object to the introduction ......
  • Lehiy v. State, No. 50A03-8601-CR-30
    • United States
    • Indiana Court of Appeals of Indiana
    • December 8, 1986
    ...rule, stating that such evidence was permissible in actions involving abnormal sexual intercourse and citing Borolos v. State, (1924) 194 Ind. 469, 473, 143 N.E. 360 which involved sodomy. More recently this Court has allowed evidence of prior convictions for similar offenses to be admitted......
  • Request a trial to view additional results

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