Daniels v. State

• Decision Date: 15 November 1971
• Docket Number: No. 1070S243,1070S243
• Citation: 274 N.E.2d 702,257 Ind. 376
• Parties: Charles R. DANIELS, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 702

274 N.E.2d 702

257 Ind. 376

Charles R. DANIELS, Appellant, v. STATE of Indiana, Appellee.

No. 1070S243.

Supreme Court of Indiana.

Nov. 15, 1971.

Lawrence D. Renfro, Renfro & Whitton, New Castle, for appellant.

Theodore L. Sendak, Atty. Gen., Fredrick R. Spencer, Deputy Atty. Gen., for appellee.

HUNTER, Judge.

This is an appeal by Charles R. Daniels from a verdict and judgment in the Henry Circuit Court convicting him of the offense of second degree murder. He was sentenced and committed to the Indiana State Prison for a term of not less than fifteen (15) years nor more than twenty-five (25) years.

On December 30, 1969, appellant was arraigned, and he entered a plea of not guilty. Trial was set for March 9, 1970. The indictment charging appellant with second degree murder, omitting the caption, reads as follows:

'The Grand Jurors of Henry County, in the State of Indiana, good and lawful men, duly and legally impaneled, charged and sworn to inquire into felonies and certain misdemeanors in and for the body of said County of Henry in the name and by the authority of the State of Indiana, on their oath present that one CHARLES R. DANIELS late of said County, on the 23rd day of December A.D. 1969, at said County and State aforesaid, did then and there unlawfully, feloniously, purposely and maliciously, but without premeditation, did kill and murder Eva Marie Daniels, a human being, by then and there unlawfully, feloniously, purposely and maliciously, but without premeditation, shooting at and against the said Eva Marie Daniels, with a certain .410 Gauge Shotgun, loaded and charged with gunpowder and pellets, discharged and shot as aforesaid, from which mortal wound the said Eva Marie Daniels then and there died, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Indiana.'

The appellant's motion to correct errors which was overruled by the trial court presents to this Court allegations of error which are summarized as follows:

(1) Error of law occurring in the trial court in admitting into evidence State's Exhibit 8 over defense objections;

(2) Error of law occurring in the trial court in the admission of State's Exhibit 9 into evidence over the objection of the defendant.

(3) Error of law occurring in trial in the admission into evidence of State's Exhibit 13 over objection of the defendant;

(4) There is uncorrected error of law occurring during the trial in the trial court's refusal to direct a verdict for defendant at the conclusion of the State's evidence;

(5) Error of law in the refusal of the trial court to direct a verdict for defendant at the close of all the evidence;

(6) That the verdict of the jury is not sustained by sufficient evidence;

(7) The verdict of the jury is contrary to law in that the State did not prove beyond a reasonable doubt that the defendant was guilty as charged;

(8) That the evidence shows that the deceased could have died from a self-inflicted wound;

(9) The verdict is not supported by sufficient evidence upon all necessary elements of the crime of which defendant was charged.

The evidence, most favorable to the State, as revealed by the record, indicates that the incident for which appellant was charged occurred on the evening of December 23, 1969. Appellant and his wife, the victim, were entertaining guests in their home. Appellant, who it appears was intoxicated, became engaged in an argument first with his wife then with both of his guests. The evidence is in dispute as to whether Mr. Conley, a guest, threatened appellant with a knife. In any event, appellant secured a shotgun from one of the bedrooms and went outside in pursuit of Mr. Conley, who had gathered his family and left Daniels' home. Mrs. Conley proceeded to a neighbor's home where she called the police. Theresa Kennedy, sister of the deceased, was in one of the bedrooms in the Daniels' home when Daniels returned from his unsuccessful search. Theresa testified at trial that she overheard the conversation that followed between appellant and his wife upon his return home. Initially, she testified, Daniels threatened to shoot the children, meaning Theresa and Daniels' wife's son, as he thought they had called the police. Then Daniels threatened to shoot his wife if she didn't go into the other bedroom. Once inside the bedroom, another threat was made, and soon thereafter, Theresa heard the gun discharge. Daniels began to call for help, then he went to Theresa's bedroom and told her that somebody had shot his wife.

When the police arrived, Mrs. Daniels was dead. Her death was due to a gunshot wound in the head. Her body was found lying across the bed in the room where she had last argued with appellant. Appellant told police that an intruder had broken into his home and shot his wife. Daniels became belligerent with the investigating officers, and finally the police were forced to subdue and handcuff him. Appellant agreed to accompany the police officers to the station where he spent the remainder of the evening. Early the next morning appellant was arrested for the murder of his wife. At trial,...