Bush v. State, No. 1-1077A258

Docket NºNo. 1-1077A258
Citation374 N.E.2d 564, 176 Ind.App. 164
Case DateApril 18, 1978
CourtCourt of Appeals of Indiana

Page 564

374 N.E.2d 564
176 Ind.App. 164
Steven Dale BUSH, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 1-1077A258.
Court of Appeals of Indiana, First District.
April 18, 1978.

[176 Ind.App. 165]

Page 565

Gerald G. Angermeier, Jewell, Crump, Angermeier, Columbus, for appellant.

Theodore L. Sendak, Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for appellee.

ROBERTSON, Judge.

The defendant-appellant Bush appeals his conviction of robbery by raising four issues, none of which show error.

Facts from the trial show that Helen Swinehart, an employee of Danner's Store in Columbus, Indiana, testified that a male individual (Bush) came to her checkout counter to purchase a pair of sunglasses and some gum. Bush came to the checkout counter a second time, after a lapse of approximately ten minutes. On the second trip through the checkout counter, he demanded the money in the cash drawer and warned Mrs. Swinehart that she had "five seconds." Bush then grabbed currency, checks, and credit card receipts from the cash drawer of the checkout counter and fled.

A short time later, Bush was stopped by an Indiana State Police Trooper when he was observed driving in a reckless manner by the trooper. After stopping Bush, the trooper heard a dispatch concerning a robbery at Danner's Store which gave a description of the car used to flee the scene. The car driven by Bush matched this description. Subsequent to his arrest, Bush gave permission to search his automobile wherein cash and personal checks made out to Danner's were found under the seat.

Bush was delivered into the custody of the Columbus Police, who had responded to a radio call by the State Trooper. Bush was then taken to the Law Enforcement Building in Columbus where he signed a waiver of his constitutional rights and made two statements, one written and one recorded. Additionally, Mrs. Swinehart made a positive identification of Bush from a photographic lineup.

At trial, the tape recorded statement by Bush was introduced into evidence. The entire tape recording was heard by the jury over the [176 Ind.App. 166] objection of defense counsel. Objection was made to a portion of the recording relating to the purchase of drugs by Bush from a non-medical source. Furthermore, the defendant objected to the introduction into evidence of his picture used in the photographic lineup as immaterial and irrelevant evidence.

The trial resulted in the jury finding Bush guilty of robbery.

Bush first argues error in the trial court's...

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3 practice notes
  • Downing v. State, No. 2-977A351
    • United States
    • Indiana Court of Appeals of Indiana
    • 25 Octubre 1978
    ...Since Downing introduced evidence after his motion was denied, he waived any error in the court's ruling. Bush v. State (1978) Ind.App., 374 N.E.2d 564, 566 Citing Parker v. State (1976) Ind., 358 N.E.2d II. Admissibility of Prior Contacts Downing next argues that the trial court erred in a......
  • Moore v. State, No. 2-1177A426
    • United States
    • Indiana Court of Appeals of Indiana
    • 23 Octubre 1978
    ...v. State (1977), Ind., 368 N.E.2d 1359;Parker[178 Ind.App. 97] v. State (1976), Ind., 358 N.E.2d 110; Bush v. State (1978), Ind.App., 374 N.E.2d 564. See also Ind. Rules of Procedure, Trial Rule ISSUE NO. 2 A summary of the evidence most favorable to the State discloses the following: In th......
  • Carvey v. Indiana Nat. Bank, No. 2-776A251
    • United States
    • Indiana Court of Appeals of Indiana
    • 18 Abril 1978
    ...defaulted before he had opportunity to present evidence in support of his allegation. The release of a coguarantor, in some instances, [176 Ind.App. 164] may affect the liability of remaining guarantors. See generally, 14 I.L.E. Guaranty § 41 (1959); 38 C.J.S. Guaranty §§ 67, 82 (1943); 72 ......
3 cases
  • Downing v. State, No. 2-977A351
    • United States
    • Indiana Court of Appeals of Indiana
    • 25 Octubre 1978
    ...Since Downing introduced evidence after his motion was denied, he waived any error in the court's ruling. Bush v. State (1978) Ind.App., 374 N.E.2d 564, 566 Citing Parker v. State (1976) Ind., 358 N.E.2d II. Admissibility of Prior Contacts Downing next argues that the trial court erred in a......
  • Moore v. State, No. 2-1177A426
    • United States
    • Indiana Court of Appeals of Indiana
    • 23 Octubre 1978
    ...v. State (1977), Ind., 368 N.E.2d 1359;Parker[178 Ind.App. 97] v. State (1976), Ind., 358 N.E.2d 110; Bush v. State (1978), Ind.App., 374 N.E.2d 564. See also Ind. Rules of Procedure, Trial Rule ISSUE NO. 2 A summary of the evidence most favorable to the State discloses the following: In th......
  • Carvey v. Indiana Nat. Bank, No. 2-776A251
    • United States
    • Indiana Court of Appeals of Indiana
    • 18 Abril 1978
    ...defaulted before he had opportunity to present evidence in support of his allegation. The release of a coguarantor, in some instances, [176 Ind.App. 164] may affect the liability of remaining guarantors. See generally, 14 I.L.E. Guaranty § 41 (1959); 38 C.J.S. Guaranty §§ 67, 82 (1943); 72 ......

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