Crabtree v. State, 1267S151

Citation250 Ind. 645,238 N.E.2d 456
Decision Date11 July 1968
Docket NumberNo. 1267S151,1267S151
PartiesRobert K. CRABTREE, Appellant, v. STATE of Indiana, Appellee.
CourtSupreme Court of Indiana

James R. White, New Castle, for appellant.

John J. Dillon, Atty. Gen. of Indiana, Robert F. Hassett, Deputy Atty. Gen., for appellee.

LEWIS, Chief Justice.

This is an appeal from a verdict by jury and judgment convicting appellant of operating a motor vehicle while under the influence of intoxicating liquor, pursuant to Burns' Indiana Statutes, Anno., (1967 Suppl.), § 47--2001. The affidavit charging appellant, reads, omitting the formal parts thereof, as follows:

'BE IT REMEMBERED, That on this day, before me, the undersigned Prosecuting Attorney within and for the 53rd Judicial Circuit of Indiana, personally came Lewis Coffman who being duly sworn, upon his oath says that Robert K. Crabtree, on the 26th day of March, A.D., 1966, at and in the County of Henry, and State of Indiana, did then and there unlawfully while under the influence of intoxicating liquor, did then and there unlawfully drive and operate a certain motor vehicle, to-wit: a 1960 Cadillac, license number 33 B 3113, on and upon a public highway of said county and state, to-wit: operating a motor vehicle while under the influence of liquor, going in the 1100 block of 'I' Avenue, where arrest was made, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Indiana.'

Appellant's sole assignment of error is the overruling by the Trial Court of his motion for a new trial. The only specification assigned as error in the Motion for New Trial which appellant brings before this Court is a claim of insufficiency of the evidence to support the verdict of the jury.

Appellant in his brief has frankly requested this Court to weigh the credibility of several witnesses presented by the State. However, when the question of the sufficiency of the evidence is raised on appeal, this Court will consider only that evidence most favorable to the State with all reasonable inferences that may be drawn therefrom. Langley v. State (1968), Ind., 232 N.E.2d 611. Further, this Court on appeal will not determine credibility of witnesses. This Court may not speculate on the wisdom of the jury in reaching its verdict. It may only ascertain whether or not there was sufficient evidence from which reasonable inference may be drawn. Armstrong v. State (1967), Ind., 229 N.E.2d 631.

There are two (2) material elements to the offense charged: operating the vehicle and being under the influence of intoxicating liquor. Appellant apparently concedes the sufficiency of the evidence presented at trial to establish intoxication. There was testimony of two (2) police officers and a gas station attendant relating to appellant's condition both before and at the time of arrest. Appellant was described as talking with a slurred tongue and as having a strong odor of alcohol about him. He was unsteady on his feet and wavered when he walked. In the officers' opinions, appellant was under the influence of alcohol. In light of the testimony presented, this Court must conclude that there was ample and sufficient evidence to sustain this material element of the offense.

Appellant was charged in the affidavit, set out supra, with operating the vehicle while under...

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5 cases
  • Harrison v. State, 1184S447
    • United States
    • Supreme Court of Indiana
    • August 6, 1986
    ...that this Court will not speculate as to the wisdom, motive, or reasoning of the jury in reaching its verdict. Crabtree v. State (1968), 250 Ind. 645, 646-647, 238 N.E.2d 456, 457; Armstrong v. State (1967), 248 Ind. 396, 400, 229 N.E.2d 631, 634; See also Grimm v. State (1980), 273 Ind. 21......
  • Watkins v. State, 1185S446
    • United States
    • Supreme Court of Indiana
    • May 29, 1986
    ...decision concerning the credibility of the witnesses. Robinson v. State (1985), Ind., 486 N.E.2d 986, 988; Crabtree v. State (1968), 250 Ind. 645, 646-647, 238 N.E.2d 456, 457. Furthermore, where two or more persons combine to commit a crime, each is criminally responsible for the acts of h......
  • Dubinion v. State, 685S244
    • United States
    • Supreme Court of Indiana
    • June 16, 1986
    ...that this Court will not speculate as to the wisdom, motive, or reasoning of the jury in reaching its verdict. Crabtree v. State (1968), 250 Ind. 645, 646-647, 238 N.E.2d 456, 457; Armstrong v. State (1967), 248 Ind. 396, 400, 229 N.E.2d 631, 634; See Also Grimm v. State (1980), 273 Ind. 21......
  • Wallace v. State, 785S291
    • United States
    • Supreme Court of Indiana
    • May 9, 1986
    ...that this Court will not speculate as to the wisdom, motive, or reasoning of the jury in reaching its verdict. Crabtree v. State (1968), 250 Ind. 645, 646-647, 238 N.E.2d 456, 457; Armstrong v. State (1967), 248 Ind. 396, 400, 229 N.E.2d 631, 634; See also Grimm v. State (1980), 273 Ind. 21......
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