Collins v. State, No. 879S220

Docket NºNo. 879S220
Citation413 N.E.2d 264, 274 Ind. 619
Case DateDecember 15, 1980
CourtSupreme Court of Indiana

Page 264

413 N.E.2d 264
274 Ind. 619
Johnny COLLINS, Appellant,
v.
STATE of Indiana, Appellee.
No. 879S220.
Supreme Court of Indiana.
Dec. 15, 1980.

[274 Ind. 620]

Page 265

Bruce S. Cowen, Deputy Public Defender, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Cindy A. Ellis, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

Appellant, Johnny Collins, was charged with murder in violation of Ind.Code § 35-42-1-1(1), in the shooting death of James Harold Craig, Jr. He was convicted in a

Page 266

trial by jury and sentenced to a fifty year term of imprisonment. Appellant presents three issues in this his first and direct appeal, namely:

(1) whether the evidence was sufficient to support the conviction, and

(2) whether error occurred when the trial court permitted certain witnesses for the State to testify despite the fact that they did not attend a line-up as ordered by the court, and

(3) whether the court committed error in denying a defense motion for continuance.

[274 Ind. 621] In resolving the question of the sufficiency of the evidence serving to identify appellant as the perpetrator of this offense, we do not weigh the evidence nor resolve questions of credibility, but look to the evidence and reasonable inferences therefrom which support the verdict. Smith v. State, (1970) 254 Ind. 401, 260 N.E.2d 558. The conviction will be affirmed if from that viewpoint there is evidence of probative value from which a reasonable trier of fact could infer that appellant was guilty beyond a reasonable doubt. Glover v. State, (1970) 253 Ind. 536, 255 N.E.2d 657. So viewed the evidence presented showed the following.

The appellant confronted a former girlfriend, Adell Gladney, at her home on March 18, 1978. He was angry that she had not driven to a local hospital from which he had been released to pick him up as he requested her to do. During this confrontation appellant struck Ms. Gladney several times until she scratched him on the face. After she had scratched him appellant went to look in a mirror, and while he was doing so Ms. Gladney ran to her boyfriend's house. Appellant followed Ms. Gladney but was told to leave by Ms. Gladney's boyfriend, James Craig, the victim in this case.

Mr. Craig went with Ms. Gladney when she returned to her house. Appellant had locked himself inside and demanded to speak to Ms. Gladney. When Ms. Gladney told appellant that she loved Mr. Craig he threatened to kill her.

Later, during the evening of March 18, 1978, appellant and his brother picked up Ernestine Bryant at a local hangout called the T & T and then went to another bar called the Peacock Lounge. At that bar the defendant saw Adell Gladney and James Craig. Appellant went up to Ms. Gladney and told her he still wanted to talk to her; when she ignored him and continued to dance he pushed her. At this point Mr. Craig hit appellant.

Appellant's brother pulled out a gun and shot Mr. Craig. Mr. Craig was not seriously wounded and was driven to Parkview Hospital where he was admitted.

After the shooting appellant and Ernestine Bryant looked for appellant's brother. They went back to the T & T bar where Ms. Bryant [274 Ind. 622] overheard the defendant threatening to get "that black nigger" and asked various people what Mr. Craig's last name was.

Appellant had Ms. Bryant call Parkview Hospital to see if Mr. Craig was a patient there and ask what room he was in.

Appellant got a change of clothes at about 5:00 a. m. and...

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7 practice notes
  • Grimes v. State, No. 1280S444
    • United States
    • Indiana Supreme Court of Indiana
    • July 6, 1983
    ...evidence standing alone may support a conviction. Biggerstaff v. State, (1982) Ind., 432 N.E.2d 34; Collins v. State, (1980) Ind., 413 N.E.2d 264. Although the evidence in the instant case was circumstantial, it was sufficient to justify the trier of fact in finding that Appellant was guilt......
  • Parr v. State, No. 1083S363
    • United States
    • Indiana Supreme Court of Indiana
    • March 9, 1987
    ...employ counsel, and that he was unsure whether he could obtain sufficient funds for such employment. The case of Collins v. State (1980), 274 Ind. 619, 413 N.E.2d 264 bears a Page 1017 striking similarity to the present facts. Notwithstanding his accurate representation by an appointed publ......
  • Corder v. State, No. 483
    • United States
    • Indiana Supreme Court of Indiana
    • August 20, 1984
    ...441 N.E.2d 192. Circumstantial evidence is no different from other evidence for sufficiency purposes. Collins v. State, (1980) Ind., 413 N.E.2d 264. Here the evidence shows that defendant's mother, after being struck by defendant, saw defendant and his father fighting. A neighbor testified ......
  • Campbell v. State, No. 1184S446
    • United States
    • Indiana Supreme Court of Indiana
    • November 20, 1986
    ...his murder conviction cannot stand. Circumstantial evidence alone is sufficient to support a murder conviction. Collins v. State (1980), 274 Ind. 619, 413 N.E.2d 264. The production of the victim's body is not required in a murder prosecution if circumstantial evidence shows that death did ......
  • Request a trial to view additional results
7 cases
  • Grimes v. State, No. 1280S444
    • United States
    • Indiana Supreme Court of Indiana
    • July 6, 1983
    ...evidence standing alone may support a conviction. Biggerstaff v. State, (1982) Ind., 432 N.E.2d 34; Collins v. State, (1980) Ind., 413 N.E.2d 264. Although the evidence in the instant case was circumstantial, it was sufficient to justify the trier of fact in finding that Appellant was guilt......
  • Parr v. State, No. 1083S363
    • United States
    • Indiana Supreme Court of Indiana
    • March 9, 1987
    ...employ counsel, and that he was unsure whether he could obtain sufficient funds for such employment. The case of Collins v. State (1980), 274 Ind. 619, 413 N.E.2d 264 bears a Page 1017 striking similarity to the present facts. Notwithstanding his accurate representation by an appointed publ......
  • Corder v. State, No. 483
    • United States
    • Indiana Supreme Court of Indiana
    • August 20, 1984
    ...441 N.E.2d 192. Circumstantial evidence is no different from other evidence for sufficiency purposes. Collins v. State, (1980) Ind., 413 N.E.2d 264. Here the evidence shows that defendant's mother, after being struck by defendant, saw defendant and his father fighting. A neighbor testified ......
  • Campbell v. State, No. 1184S446
    • United States
    • Indiana Supreme Court of Indiana
    • November 20, 1986
    ...his murder conviction cannot stand. Circumstantial evidence alone is sufficient to support a murder conviction. Collins v. State (1980), 274 Ind. 619, 413 N.E.2d 264. The production of the victim's body is not required in a murder prosecution if circumstantial evidence shows that death did ......
  • Request a trial to view additional results

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