Brown v. State, No. 1172S160

Docket NºNo. 1172S160
Citation261 Ind. 619, 308 N.E.2d 699
Case DateMarch 29, 1974
CourtSupreme Court of Indiana

Page 699

308 N.E.2d 699
261 Ind. 619
Willie BROWN, Appellant,
v.
STATE of Indiana, Appellee.
No. 1172S160.
Supreme Court of Indiana.
March 29, 1974.

[261 Ind. 620] Harriette Bailey Conn, Public Defender, Carr L. Darden, Sr. Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., John David Hollingsworth, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

This matter is before us on appeal from the Marion County Criminal Court, Division One, upon the action of said court overruling Defendant's (Appellant's) Motion to Correct Errors following a denial of defendant's petition for relief under Post-Conviction Rule 1. Two issues are presented and treated in the following order:

I. Did the defendant sustain his burden of proof to show that the evidence at his trial was insufficient to sustain a guilty verdict?

II. Is a sentence of life imprisonment for second degree murder cruel and unusual punishment in that the same sentence is given for a guilty verdict for first degree murder?

The defendant was charged with first degree murder. He admitted the killing and relied upon the defense of self-defense. He was found guilty of second degree murder and sentenced to life imprisonment.

Page 700

The judgment of the trial court has previously been affirmed by this Court. See Brown v. State (1971), 255 Ind. 594, 265 N.E.2d 699. In that appeal, the defendant did not raise the issue of the sufficiency of the evidence.

I. Under this proposition, the defendant seeks to question the sufficiency of the evidence and to support the same with [261 Ind. 621] charges that the testimony supportive of the verdict came from but two witnesses and that such testimony was unworthy of belief. One of such witnesses admitted that she had given contradictory testimony at a preliminary hearing. Testimony of the other conflicted with that of other witnesses. She was the girl friend of the decedent and the defendant asserts that her natural propensities would have been to punish the person who killed him. Defendant, therefore, would have us hold, as a matter of law, that that testimony from persons who have altered their testimony from that given on a previous occasion and from persons who could be expected to have a natural animosity towards a litigant is so lacking in credibility as to have no probative value. This thesis is diametrically opposed to the rule that the trier of facts is the sole judge of the weight of the evidence...

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42 practice notes
  • Cobb v. State, No. 778S142
    • United States
    • Indiana Supreme Court of Indiana
    • 7 Noviembre 1980
    ...in this case constitutes cruel and unusual punishment. We decided this issue contrary to appellant's position in Brown v. State, (1974) 261 Ind. 619, 308 N.E.2d 699. In that case, we stated that a lesser-included offense must not carry a greater sentence than the greater offense, but that a......
  • Works v. State, No. 775S167
    • United States
    • 28 Abril 1977
    ...not review. Rosell v. State, (1976) Ind., 352 N.E.2d 750; Lottie v. State, (1974) 262 Ind. 124, 311 N.E.2d 800; Brown v. State, (1974) 261 Ind. 619, 308 N.E.2d 699. When the sufficiency of the evidence is raised as an issue upon appeal, this Court will consider only that evidence of probati......
  • Roberts v. State, No. 3-1079A295
    • United States
    • Indiana Court of Appeals of Indiana
    • 27 Abril 1981
    ...first raised this issue in its appellee's brief. The issue of waiver must be raised by the State at the hearing. Brown v. State (1974), 261 Ind. 619, 308 N.E.2d 699. Thus, we address the merits of this 7 See this Opinion, Part I, supra. 8 At trial, Roberts forwarded the contention the State......
  • Harrison v. State, No. 2--973A194
    • United States
    • Indiana Court of Appeals of Indiana
    • 20 Noviembre 1975
    ...cannot be considered in post-conviction relief proceedings. See Greer v. State (1975), Ind., 321 N.E.2d 842; Brown v. State (1974) Ind., 308 N.E.2d 699; Davis v. State (1975), Ind.App., 328 N.E.2d 768; McKinley v. State (1975), Ind.App., 325 N.E.2d 470. Despite the apparent applicability of......
  • Request a trial to view additional results
42 cases
  • Cobb v. State, No. 778S142
    • United States
    • Indiana Supreme Court of Indiana
    • 7 Noviembre 1980
    ...in this case constitutes cruel and unusual punishment. We decided this issue contrary to appellant's position in Brown v. State, (1974) 261 Ind. 619, 308 N.E.2d 699. In that case, we stated that a lesser-included offense must not carry a greater sentence than the greater offense, but that a......
  • Works v. State, No. 775S167
    • United States
    • 28 Abril 1977
    ...not review. Rosell v. State, (1976) Ind., 352 N.E.2d 750; Lottie v. State, (1974) 262 Ind. 124, 311 N.E.2d 800; Brown v. State, (1974) 261 Ind. 619, 308 N.E.2d 699. When the sufficiency of the evidence is raised as an issue upon appeal, this Court will consider only that evidence of probati......
  • Roberts v. State, No. 3-1079A295
    • United States
    • Indiana Court of Appeals of Indiana
    • 27 Abril 1981
    ...first raised this issue in its appellee's brief. The issue of waiver must be raised by the State at the hearing. Brown v. State (1974), 261 Ind. 619, 308 N.E.2d 699. Thus, we address the merits of this 7 See this Opinion, Part I, supra. 8 At trial, Roberts forwarded the contention the State......
  • Harrison v. State, No. 2--973A194
    • United States
    • Indiana Court of Appeals of Indiana
    • 20 Noviembre 1975
    ...cannot be considered in post-conviction relief proceedings. See Greer v. State (1975), Ind., 321 N.E.2d 842; Brown v. State (1974) Ind., 308 N.E.2d 699; Davis v. State (1975), Ind.App., 328 N.E.2d 768; McKinley v. State (1975), Ind.App., 325 N.E.2d 470. Despite the apparent applicability of......
  • Request a trial to view additional results

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