Corbin v. State

Decision Date04 April 1968
Docket NumberNo. 30850,30850
Citation250 Ind. 147,237 N.E.2d 376
PartiesNorman L. CORBIN, Appellant, v. STATE of Indiana, Appellee.
CourtIndiana Supreme Court

C. Thomas Cone, Greenfield, for appellant.

John J. Dillon, Atty. Gen., Charles J. Deiter, Deputy Atty. Gen., for appellee.

ON PETITION FOR REHEARING

ARTERBURN, Judge.

Appellant complains on petition for rehearing that we failed to dispose of a point raised by him, namely, the claimed error in the introduction of State's exhibit 4, which consists of a brief statement to the effect that 'I lost my temper' when he struck his daughter. We think this point is well disposed of in Judge Mote's dissenting opinion, in which it is stated that the trial court heard evidence which was conflicting with reference to whether appellant had been advised as to his constitutional rights, and found that there was no such violation.

The petition for rehearing is overruled.

LEWIS, C.J., and HUNTER and JACKSON, JJ., concur.

MOTE, J., dissents to the original majority opinion.

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6 cases
  • Sanders v. State
    • United States
    • Indiana Supreme Court
    • July 14, 1972
    ...may accept or reject all or any part of a defendant's confession or admission. See, Corbin v. State (1968), 250 Ind. 147, 234 N.E.2d 261, 237 N.E.2d 376; Swift v. State (1961), 242 Ind. 877, 176 N.E.2d 117; Jackson, etc. v. State (1958), 238 Ind. 365, 151 N.E.2d 141. Therefore, the jury was......
  • Neff v. State, 3-1276A292
    • United States
    • Indiana Appellate Court
    • August 14, 1978
    ...any deliberate or cruel act by one person against another. Covington v. State (1975), 262 Ind. 636, 322 N.E.2d 705; Corbin v. State (1968),250 Ind. 147, 237 N.E.2d 376; Wahl v. State (1951), 229 Ind. 521, 98 N.E.2d The inference of malice thus arising is valid and can alone support a verdic......
  • State v. Sallie, 7112SC694
    • United States
    • North Carolina Court of Appeals
    • February 23, 1972
    ...evidence of an attack upon an eight-month-old infant; no evidence of any weapon); Corbin v. State, (Ind.) 234 N.E.2d 261, reh. den. 237 N.E.2d 376 (father's conviction for second-degree murder in killing of 21-month-old daughter by blows with his hand sustained by divided court; majority fo......
  • State v. LaChance
    • United States
    • Tennessee Supreme Court
    • June 16, 1975
    ...wherein two men of superior strength attacked and severely injured a paralytic, and Corbin v. State, 250 Ind. 147, 234 N.E.2d 261, 237 N.E.2d 376 (1968), wherein the Court holds that an intent to kill may be inferred, particularly, in view of relative size, age and strength of defendant and......
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