Dalton v. State, No. 28754

Docket NºNo. 28754
Citation105 N.E.2d 509, 230 Ind. 626, 31 A.L.R.2d 1071
Case DateApril 26, 1952
CourtSupreme Court of Indiana

Page 509

105 N.E.2d 509
230 Ind. 626, 31 A.L.R.2d 1071
DALTON

v.
STATE.
No. 28754.
Supreme Court of Indiana.
April 26, 1952.

[230 Ind. 628]

Page 510

Paul R. Benson, Eugene H. Yergin, Newcastle, for appellant.

J. Emmett McManamon, Atty. Gen., John Ready O'Connor, George W. Hand, Deputy Attys. Gen., Robert Brown, Pros. Atty., Henry County, Newcastle, for appellee.

EMMERT, Judge.

This is an appeal from a judgment on a verdict finding appellant guilty of leaving the scene [230 Ind. 629] of an accident, § 47-1910, Burns' 1940 Replacement, upon which he was sentenced to the Indiana State Prison for one year. Alleged errors occurring before filing of the motion for a new trial are embodied therein as permitted by Rule 2-6, as amended. It is not necessary to state a summary of evidence given on the trial, since our decision on the ruling of the trial court in overruling appellant's motion to suppress evidence obtained as a result of a search and seizure will decide appellant's contention that the verdict is not sustained by sufficient evidence, and is contrary to law, and makes it unnecessary to decide other errors concerning admissibility of the evidence on trial.

The night of October 25, 1949, Jack Logan, accompanied by five women, was driving a two door Chevrolet westward on State Road No. 38 from New Castle to Kennard to attend a revival. When he was a few miles west of New Castle he had a down tire, and stopped his car partially off the road about thirty yards west of the Sugar Grove School. It was about 7:15 o'clock, and dark. An automobile also proceeding westward had a collision with the Logan Chevrolet and struck Logan, knocking him in front of his automobile, and so injured him that he died the same night at about 8:30 o'clock in the hospital at New Castle. None of the women were able to identify the car which hit the deceased, nor was a driver of another car approaching from the west, who turned around and followed the car which hit Logan, able to overtake the fleeing car or identify it. A door handle was found behind the Logan car, and this was turned over to the officers who investigated the accident. The car which hit Logan was traveling at a high rate of speed and never stopped.

The evidence was that the broken handle found behind the Logan car could have been from a 1937, 1938 [230 Ind. 630] or 1939 Chevrolet, Pontiac or Oldsmobile. The next day the officers checked the ownership of 1937

Page 511

Pontiacs and began a systematic search of all Pontiacs in the county to determine if the broken handle had come from any of them.

That night about 9:30 o'clock two carloads of officers went to the farm owned by appellant where his home was situated. Appellant was absent. They had no search warrant nor warrant for the arrent of appellant, nor did they have any probable cause for believing that he had committed the offense for which he was convicted. Some of the officers were in uniform and had guns. One of the state policemen knocked at the door of appellant's residence and made himself known. The officer stated in substance that there had been a fatal accident, and he would like to check Mrs. Dalton's 1937 Pontiac. She gave her consent, and the officers searched the car.

The right front fender had the light broken out and the light was very rusty. The right front fender had an old crumple near the headlight, and on the right was a new tear. They found one thread of cloth which was removed. 1 There was a brownish red substance on the fender. 2 There was a piece of tissue on the fender. 3 The right door handle of appellant's car was missing. There was no damage to the small ring which surrounded the door handle where the handle came off. [230 Ind. 631] The officers obtained Mrs. Dalton's permission to remove the car, and a wrecker pulled it to police headquarters in New Castle. Mrs. Dalton testified that the appellant had paid for the car; that she has never driven a car; that for five years her husband used the car for farming operations with her knowledge, permission and consent, and that he had the control, possession and custody of it.

Section 11 of Article 1 of the Indiana Constitution is to receive a...

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29 practice notes
  • Peterson v. State, No. 45S00-9103-DP-223
    • United States
    • Indiana Supreme Court of Indiana
    • December 13, 1996
    ...is of sufficient interest in the subject matter of a search to entitle appellant to the protection of the constitution." Dalton v. State, 230 Ind. 626, 631, 105 N.E.2d 509, 511 (1952). In his confession, the defendant admits he had the right Page 535 to possess the shotgun as collateral unt......
  • Bruce v. State, Nos. 1075
    • United States
    • Indiana Supreme Court of Indiana
    • April 19, 1978
    ...contends that the State failed to prove that Mrs. Bruce had authority to consent to the search. Appellant cites Dalton v. State, (1952) 230 Ind. 626, 105 N.E.2d 509, 31 A.L.R.2d 1071. In Dalton the defendant's wife gave her consent to police to examine an automobile owned by her but used ex......
  • Buchannon v. State, 5 Div. 426
    • United States
    • Alabama Court of Criminal Appeals
    • May 12, 1989
    ...the precise date on which the assistant district attorney obtained this information. 3 Buchannon relies on the case of Dalton v. State, 230 Ind. 626, 105 N.E.2d 509 (1952), to support his position that Ms. Buchannon had no authority to consent to the search of the car. In Dalton, the Indian......
  • State v. McCarthy
    • United States
    • United States Court of Appeals (Ohio)
    • December 4, 1969
    ...State v. Aull (1967), 78 N.M. 607, 435 P.2d 437; Naples v. Maxwell Page 285 (S.D. Ohio, 1967), 271 F.Supp. 850; Dalton v. State (1952), 230 Ind. 626, 105 N.E.2d 509, 31 A.L.R.2d There was no implied coercion present in the circumstances of this case. Mrs. McCarthy had the advice of her atto......
  • Request a trial to view additional results
29 cases
  • Peterson v. State, No. 45S00-9103-DP-223
    • United States
    • Indiana Supreme Court of Indiana
    • December 13, 1996
    ...sufficient interest in the subject matter of a search to entitle appellant to the protection of the constitution." Dalton v. State, 230 Ind. 626, 631, 105 N.E.2d 509, 511 (1952). In his confession, the defendant admits he had the right Page 535 to possess the shotgun as collateral unti......
  • Bruce v. State, Nos. 1075
    • United States
    • Indiana Supreme Court of Indiana
    • April 19, 1978
    ...contends that the State failed to prove that Mrs. Bruce had authority to consent to the search. Appellant cites Dalton v. State, (1952) 230 Ind. 626, 105 N.E.2d 509, 31 A.L.R.2d 1071. In Dalton the defendant's wife gave her consent to police to examine an automobile owned by her but used ex......
  • Buchannon v. State, 5 Div. 426
    • United States
    • Alabama Court of Criminal Appeals
    • May 12, 1989
    ...the precise date on which the assistant district attorney obtained this information. 3 Buchannon relies on the case of Dalton v. State, 230 Ind. 626, 105 N.E.2d 509 (1952), to support his position that Ms. Buchannon had no authority to consent to the search of the car. In Dalton, the Indian......
  • State v. McCarthy
    • United States
    • United States Court of Appeals (Ohio)
    • December 4, 1969
    ...State v. Aull (1967), 78 N.M. 607, 435 P.2d 437; Naples v. Maxwell Page 285 (S.D. Ohio, 1967), 271 F.Supp. 850; Dalton v. State (1952), 230 Ind. 626, 105 N.E.2d 509, 31 A.L.R.2d There was no implied coercion present in the circumstances of this case. Mrs. McCarthy had the advice of her atto......
  • Request a trial to view additional results

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