Cole v. State
| Citation | 215 N.E.2d 865,247 Ind. 451,8 Ind.Dec. 227 |
| Parties | Herbert Dewitt COLE, Appellant, v. The STATE of Indiana, Appellee. No 30865. |
| Decision Date | 28 April 1966 |
| Court | Supreme Court of Indiana |
Lewis Davis, Indianapolis, for appellant.
John Dillon, Atty. Gen., of Indiana, Donald R. Ewers, Asst. Atty. Gen., for appellee.
The appellant was charged by grand jury indictment with robbery. After a jury trial, he was convicted, and sentenced to the Indiana State Prison for a period of not less than 10 nor more than 25 years. He filed a motion for new trial alleging substantially that the verdict was not sustained by sufficient evidence and was contrary to law. The overruling of this motion for new trial is the only error relied upon for reversal.
Taking the evidence most favorable to the state, the testimony reveals that on January 23, 1964, witness Iona Marie Simms was in charge of the Imperial Liquor Store, at 2102 North Senate. Shortly after 11:00 p.M., she was talking on the phone when a man came into the store. He went through the gate which separated the customer area from the area behind the counter, came to where the witness was sitting and told her that it was a stick-up. He pulled out a gun, snatched the phone out of her hand and hung it up, and hit her on the right side. He then held the gun at her head, took her to the cash register, and took the money from the cash register. He asked for a bottle of rye, and picked up a fifth of Four Roses. He asked if she had a pocketbook and she answered that she did not. He then told her that she was going with him, but after she stated that she would not, he left the store. The store was well lighted, and she had ample opportunity to see the robber and hear his voice.
The following day, she went to police headquarters and went through a large number of pictures but did not find any that she thought were pictures of the robber. Later, a policeman brought an additional half dozen pictures to her house. She looked through several, and when she came to a picture of the appellant, became quite excited and identified him as the robber. Later, at police headquarters, she picked out the appellant from a line-up, identified him both by voice and by sight as the robber. She noticed some difference in the appellant's hair and identified him as the robber despite the fact the hair was differently arranged in the lineup than it had been on the night of the robbery. The appellant was a hairdresser and did regularly process his hair and wore it in different ways at different times.
The appellant testified in his own defense and two other witnesses with whom appellant lived testified that they were with him on the evening in question. According to their testimony, the appellant was at the Students' Union Building playing bingo up to 10:30 p.m. on that evening. However, there was also evidence that it was necessary to sign out the ping pong balls and paddles and there was no...
To continue reading
Request your trial
-
Bledsoe v. State
...is in conflict with it, the matter is one of weight and credibility. Stephens v. State (1973), Ind., 295 N.E.2d 622; Cole v. State (1966), 247 Ind. 451, 215 N.E.2d 865. In substance, we have here another case of conflicting testimony and not a conviction resting upon evidence so frail tha i......
-
Sargent v. State
...593, 147 N.E.2d 551; Medsker v. State, supra (224 Ind. 587, 70 N.E.2d 182); Bryant v. State, (Ind.1972) 278 N.E.2d 576; Cole v. State, (1966) 247 Ind. 451, 215 N.E.2d 865. 'Whatever decision the trier of facts reaches on the evidence, this court will not reweigh that evidence or determine t......
-
Rhodes v. State
...v. State, (1957) 237 Ind. 593, 147 N.E.2d 551; Medsker v. State, supra; Bryant v. State, (Ind.1972) 278 N.E.2d 576; Cole v. State, (1966) 247 Ind. 451, 215 N.E.2d 865. Whatever decision the trier of facts reaches on the evidence, this court will not reweigh that evidence or determine the cr......
-
Cottingham v. State, 873S152
...as to a defendant's guilt is a question of fact for the judge or jury. Stephens v. State (1973), Ind., 295 N.E.2d 622; Cole v. State (1966), 247 Ind. 451, 215 N.E.2d 865; Tungate v. State (1958), 238 Ind. 48, 147 N.E.2d On appeal this Court does not weigh the evidence, nor do we judge the c......