Casterlow v. State, 1169S274
Decision Date | 23 March 1971 |
Docket Number | No. 1169S274,1169S274 |
Citation | 256 Ind. 214,267 N.E.2d 552 |
Parties | Gary CASTERLOW, Appellant, v. STATE of Indiana, Appellee. |
Court | Indiana Supreme Court |
Palmer K. Ward, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., of Ind., Mark S. Peden, Deputy Atty. Gen., for appellee.
Defendant was convicted of robbery in a trial before the court without the intervention of a jury. On appeal he presents three issues: (1) That the verdict of the court is not sustained by sufficient evidence; (2) That the court erred in admitting into evidence, over objection of defendant, a sum of money of which the defendant claimed to be the owner, and (3) That he was deprived of the right to make an argument to the court at the close of all the evidence.
Defendant properly introduced alibi evidence and contends that the State presented no evidence to refute such alibi by the defendant and, therefore, failed to discharge its burden of proving defendant guilty beyond a reasonable doubt. This is defendant's sole proposition relative to the sufficiency question. Apparently defendant is attempting to assert that the introduction of alibi evidence places upon the State a greater burden of proof than it would otherwise have. If so, he presents no authorities and we are aware of none to sustain such a proposition.
Witt v. State of Indiana (1933), 205 Ind. 499, 185 N.E. 645.
The State presented the two victims of the robbery, both of whom identified the defendant as the one who committed the robbery charged. We fail to see how the alibi could have been better refuted. Clearly there was no insufficiency of the evidence.
On the day following the robbery the police were called by the defendant to the scene of a disturbance at an auto service station in the same city where the robbery had occurred. Defendant was complaining that someone there had taken money from him. At the suggestion of one of the men present, one of the investigating policemen looked in the restroom where he found currency in excess of $600.00. Defen...
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45 593 Herring v. New York 8212 6587
...see People v. Manske, 399 Ill. 176, 77 N.E.2d 164 (1948). Cf. People v. Berger, 288 Ill. 47, 119 N.E. 975 (1918); Casterlow v. State, 256 Ind. 214, 267 N.E.2d 552 (1971); Reed v. State, 232 Ind. 68, 111 N.E.2d 661 (1953); Lewis v. State, 11 Ga.App. 14, 74 S.E. 442 10 Stephen has described t......
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Covington v. State
...States ex rel. Spears v. Johnson, 463 F.2d 1024 (3d Cir. 1972); West v. United States, 399 F.2d 467 (5th Cir. 1968); Casterlow v. State, 256 Ind. 214, 267 N.E.2d 552 (1971); State v. Hale, 472 S.W.2d 365 (Mo.1971). In three of these cases, Johnson, Casterlow and Hale, it would appear from t......
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State v. Mann
...see Long v. City of Opelika, 1953, 37 Ala.App. 200, 66 So.2d 126, certiorari denied 259 Ala. 164, 66 So.2d 130; Casterlow v. State, 1971, 256 Ind. 214, 267 N.E.2d 552; United States ex rel. Spears v. Johnson, 1972, 3 Cir., 463 F.2d 1024; Cf. Moore v. State, 1969, 7 Md.App. 330, 254 A.2d 717......
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Wolfe v. State
...v. State, (1978) 267 Ind. 501, 371 N.E.2d 698 and Dorak v. State, (1915) 183 Ind. 622, 109 N.E. 771 (self-defense); Casterlow v. State, (1971) 256 Ind. 214, 267 N.E.2d 552 and French v. State, (1859) 12 Ind. 670 (alibi), Sceifers v. State, (1978) 267 Ind. 687, 373 N.E.2d 131 and Bradley v. ......