Coach v. State

• Citation: 235 N.E.2d 493,250 Ind. 226
• Decision Date: 08 April 1968
• Docket Number: No. 31172,31172
• Parties: John COACH, Appellant, v. STATE of Indiana, Appellee.
• Court: Supreme Court of Indiana

Page 493

235 N.E.2d 493

250 Ind. 226

John COACH, Appellant, v. STATE of Indiana, Appellee.

No. 31172.

Supreme Court of Indiana.

April 8, 1968.

Gary R. Landau, Indianapolis, for appellant.

John J. Dillon, Atty. Gen., Dennis J. Dewey, Deputy Atty. Gen., for appellee.

PER CURIAM.

The appellant was tried for the crime of robbery by the court, without a jury, and found guilty thereof. The sentence of the court was not less than ten years nor more than twenty-five years in the Indiana State Prison.

The appellant has raised one issue in his brief, namely that the verdict of the trial court was not supported by sufficient evidence, and was therefore, contrary to law. It is the general rule in this state that a conviction will be sustained if there is any evidence of the facts essential to support the judgment. Majko v. State (1965) Ind., 207 N.E.2d 212. Furthermore, when the sufficiency of the evidence becomes an issue, this court will consider only the evidence which is most favorable to the state. Langley v. State (1968) Ind., 232 N.E.2d 611.

'When the question of the sufficiency of the evidence is raised, this Court will consider only that evidence which is more favorable to the state. Wagner v. State (1963), 243 Ind. 570, 188 N.E.2d 914. We have said on a number of occasions that this Court cannot weigh the evidence, but will consider only the evidence most favorable to the State, and the reasonable inferences that may be drawn therefrom, to determine whether the jury was warranted in returning a verdict of guilty. Gilmore v. State (1951), 229 Ind. 359, 98 N.E.2d 677. Flowers v. State (1956), 236 Ind. 151, 139 N.E.2d 185.'

It should also be noted that it is not necessary on appeal that the evidence show the defendant's guilt beyond a reasonable doubt in order for this court to sustain the judgment. Pendleton v. State (1959) 239 Ind. 341, 156 N.E.2d 782; Arrington v. State (1952), 230 Ind. 384, 103 N.E.2d 210. The verdict below will not be disturbed for sufficiency unless there is total lack of some evidence on an essential element of the crime charged. Greenwalt v. State (1965) Ind., 209 N.E.2d 254; Wojcik v. State (1965) Ind., 204 N.E.2d 866.

The evidence before the trial court showed that the owner's wife, Mrs. Collins, was working in a liquor store at 724 East 10th Street, city of Indianapolis, Marion county; that she saw co-defendants Coleman and Jones both in the liquor store and that Coleman pulled a gun out of his pocket and said 'I want your money.' She gave Coleman money and nine bottles of fifths of whiskey. As the defendants Coleman and Jones were leaving the store Mr. Collins appeared, followed and shot at them, and a shot was returned. The husband testified that he followed the co-defendants outside, that the co-defendants got into the right hand side of the automobile and the car started as soon as they got in. He did not see the driver, but he did testify that there were three marked one dollar bills in the register with black X's marked on the back, and that these bills were among the money taken. A witness testified that she was in the house next door to the liquor store and heard the shots;...