Coakley v. State, No. 172A35

Docket NºNo. 172A35
Citation152 Ind.App. 280, 283 N.E.2d 392
Case DateJune 06, 1972
CourtCourt of Appeals of Indiana

Page 392

283 N.E.2d 392
152 Ind.App. 280
Anthony Earl COAKLEY, Appellant (Defendant Below),
v.
STATE of Indiana, Appellee (Plaintiff Below).
No. 172A35.
Court of Appeals of Indiana, Third District.
June 6, 1972.

[152 Ind.App. 281]

Page 393

Roy S. Dale, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Indianapolis, for appellee.

STATON, Judge.

Anthony Earl Coakley was charged with the crime of rape. After he waived trial by jury, the trial court found him guilty of the charge and sentenced him to the Indiana State Reformatory for not less than two nor more than twenty-one years. This appeal by Defendant Coakley urges the following errors:

1. Whether an exchange between the prosecutor and one of the defense witnesses constituted a violation of the hearsay doctrine.

2. Whether the Defendant was prejudiced by remarks of the prosecuting attorney made to the trial court in his summation.

We find no error and affirm the judgment of the trial court in the opinion that follows:

Near midnight on the 10th day of June, 1970, the seventeen year old prosecutrix was sitting with her girl friend and two male companions in an automobile. They were parked in an empty parking lot of a vacant service station which was located between Azar's drive-in restaurant and a veterinarian clinic in Fort Wayne, Indiana. A 1970 Grand Prix automobile pulled in behind them. It had three male Negro occupants: Leroy McClendon, Walter Lee and Anthony Earl Coakley. The Defendant Coakley, twenty-eight years old, got out of the car and walked around the vacant service station out of sight. Fifteen minutes later, the prosecutrix left her three [152 Ind.App. 282] companions to use the restroom in the veterinarian clinic where she was employed. She had a key to the locked door. Leaving the clinic, she was grabbed by a Negro male and dragged into the tall grass and raped. Twenty minutes after she had left the automobile, her concerned companions came searching for her. They saw her running toward them crying and hysterical. Following her at a very short distance was the Negro male who drew a pistol from his pocket. He warned them to stay away or he would blow their guts out, and then he turned and ran.

The prosecutrix' two male companions identified the Defendant Anthony Earl Coakley from police mug shots, a line-up and in court as the male Negro who came walking slowly around the corner of the building, drew a pistol and threatened them before he turned and ran. The prosecutrix positively identified the Defendant Coakley in court as the man who raped her. There is no question...

To continue reading

Request your trial
10 practice notes
  • Moore v. State, No. 372A134
    • United States
    • Indiana Court of Appeals of Indiana
    • December 14, 1972
    ...he must be deemed to have waived all questions arising out of such alleged misconduct.' Also see Coakley v. State (1972), Ind.App., 283 N.E.2d 392; Harrison v. State (1972), Ind. 281 N.E.2d 98 and Langley v. State (1971), Ind., 267 N.E.2d Any question of error was waived by Janie Moore when......
  • Gold Bond Bldg. Products Division Nat. Gypsum Co., Shoals Plant v. Review Bd. of Indiana Employment Sec. Division, No. 2--874A192
    • United States
    • Indiana Court of Appeals of Indiana
    • June 22, 1976
    ...(1969), 252 Ind. 624, 251 N.E.2d 439, 443. See also, Blue v. Brooks (1973), Ind., 303 N.E.2d 269, 273; Coakley v. State (3d Dist. 1972), 152 Ind.App. 280, 282--3, 283 N.E.2d 392, The federal mediator's opinion, first stated by him to Company representatives during the bargaining sessions, t......
  • Burgett v. State, No. 2--1173A240
    • United States
    • Indiana Court of Appeals of Indiana
    • August 1, 1974
    ...Rexroat v. State (1964), 245 Ind. 688, 201 N.E.2d 558; Hauk v. State (1974), Ind.App., 312 N.E.2d 92; Coakley v. State (1972), Ind.App., 283 N.E.2d 392. [161 Ind.App. 165] While the Prosecutor's reference to the stricken prior contradictory statements may have had some prejudicial effect, t......
  • Yuhasz v. Mohr, No. 3--173A1
    • United States
    • Indiana Court of Appeals of Indiana
    • March 6, 1974
    ...recorded testimony will be accurate and trustworthy. 3 Harrison v. State (1972), Ind., 281 N.E.2d 98; Coakley v. State (1972), Ind.App., 283 N.E.2d 392. 4 Stephens v. State (1973), Ind., 295 N.E.2d 622; Adkins v. Elvard (1973), Ind.App., 294 N.E.2d 5 As to the dilemma potentially confonting......
  • Request a trial to view additional results
10 cases
  • Moore v. State, No. 372A134
    • United States
    • Indiana Court of Appeals of Indiana
    • December 14, 1972
    ...he must be deemed to have waived all questions arising out of such alleged misconduct.' Also see Coakley v. State (1972), Ind.App., 283 N.E.2d 392; Harrison v. State (1972), Ind. 281 N.E.2d 98 and Langley v. State (1971), Ind., 267 N.E.2d Any question of error was waived by Janie Moore when......
  • Gold Bond Bldg. Products Division Nat. Gypsum Co., Shoals Plant v. Review Bd. of Indiana Employment Sec. Division, No. 2--874A192
    • United States
    • Indiana Court of Appeals of Indiana
    • June 22, 1976
    ...(1969), 252 Ind. 624, 251 N.E.2d 439, 443. See also, Blue v. Brooks (1973), Ind., 303 N.E.2d 269, 273; Coakley v. State (3d Dist. 1972), 152 Ind.App. 280, 282--3, 283 N.E.2d 392, The federal mediator's opinion, first stated by him to Company representatives during the bargaining sessions, t......
  • Burgett v. State, No. 2--1173A240
    • United States
    • Indiana Court of Appeals of Indiana
    • August 1, 1974
    ...Rexroat v. State (1964), 245 Ind. 688, 201 N.E.2d 558; Hauk v. State (1974), Ind.App., 312 N.E.2d 92; Coakley v. State (1972), Ind.App., 283 N.E.2d 392. [161 Ind.App. 165] While the Prosecutor's reference to the stricken prior contradictory statements may have had some prejudicial effect, t......
  • Yuhasz v. Mohr, No. 3--173A1
    • United States
    • Indiana Court of Appeals of Indiana
    • March 6, 1974
    ...recorded testimony will be accurate and trustworthy. 3 Harrison v. State (1972), Ind., 281 N.E.2d 98; Coakley v. State (1972), Ind.App., 283 N.E.2d 392. 4 Stephens v. State (1973), Ind., 295 N.E.2d 622; Adkins v. Elvard (1973), Ind.App., 294 N.E.2d 5 As to the dilemma potentially confonting......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT