Davis v. State, No. 971S270

Docket NºNo. 971S270
Citation258 Ind. 533, 31 Ind.Dec. 21, 282 N.E.2d 805
Case DateMay 30, 1972
CourtSupreme Court of Indiana

Page 805

282 N.E.2d 805
258 Ind. 533
Cleotha DAVIS, Jr., Appellant,
v.
STATE of Indiana, Appellee.
No. 971S270.
Supreme Court of Indiana.
May 30, 1972.

[258 Ind. 534] John D. Breclaw, Highland, for appellant.

Theodore L. Sendak, Atty. Gen., Mark Peden, Deputy Atty. Gen., for appellee.

GIVAN, Justice.

Appellant was charged in a two count affidavit with the crimes of kidnapping and rape. Trial by court resulted in a finding of guilty on both counts. Appellant was sentenced to the Indiana State Prison for the remainder of his natural life on the charge of kidnapping and for a term of two to twenty-one years on the charge of rape.

The record discloses the following:

Jean Foreman testified that on December 14, 1968, she was in Hammond, Indiana, with her boyfriend, Richard Warchol. While they were seated in Mr. Warchol's automobile, a person she later identified as the appellant, opened the door on the passenger side and asked what was going on. A second man approached the car and ordered her to get out and open the trunk, which she did. The two men then forced Mr. Warchol into the trunk and closed the lid. They then placed Miss Foreman between them in the front seat. With the appellant driving, they drove around for awhile. After a period of driving around, appellant's companion forced Miss Foreman into the back seat of the car and raped her. Then the two men changed places, and the appellant raped Miss Foreman while his companion drove the car. Miss Foreman saw the headlights of [258 Ind. 535] an approaching automobile and yelled for help, at which time the appellant struck her. The approaching automobile was a police patrol car. The officer responded to Miss Foremen's call for help. Both appellant and his companion escaped on foot. Miss Foreman first identified a photograph

Page 806

of the appellant at the police station and later identified him at the police station without the benefit of a lineup.

Appellant first contends the confrontation at the Hammond, Indiana, police station was without a waiver and without his attorney being present and, therefore, was in violation of the Sixth Amendment to the United States Constitution under the doctrines of United States v. Wade (1967), 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149; Gilbert v. California (1967), 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178 and Stovall v. Denno (1967), 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199. However, in the case at bar both Mr. Warchol and Miss Foreman...

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7 practice notes
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • December 29, 1982
    ...each victim's sex organ by defendant's sex organ did occur. Lindsey v. State, (1971) 257 Ind. 78, 272 N.E.2d 458; Davis v. State, (1972) 258 Ind. 533, 282 N.E.2d 805; Omans v. State, (1980) Ind.App., 412 N.E.2d 305. The evidence is sufficient to sustain each count of Defendant also contends......
  • Hardin v. State, No. 372A124
    • United States
    • Indiana Court of Appeals of Indiana
    • September 22, 1972
    ...identification denied his right to due process, the question was never raised below and has been waived. Davis v. State (1972), Ind., 282 N.E.2d 805, 31 Ind.Dec. SUFFICIENCY OF EVIDENCE This court may not weigh the evidence nor resolve questions of credibility. We are permitted only to view......
  • Wright v. State, No. 776S199
    • United States
    • Indiana Supreme Court of Indiana
    • June 10, 1977
    ...The Appellant's failure to voice objection also precludes him from raising the issue for the first time on appeal. Davis v. State, (1972) 258 Ind. 533, 282 N.E.2d The Appellant also urges error here on the basis of a prosecution motion for continuance filed on September 26, 1975, three days......
  • Mickens v. State, No. 472A183
    • United States
    • Indiana Court of Appeals of Indiana
    • December 29, 1972
    ...on appeal. Gregory v. State (1972) Ind., 286 N.E.2d 666; Hardin v. State (1972) Ind.App., 287 N.E.2d 359; Davis v. State (1972) Ind., 282 N.E.2d 805; Wilson v. State (1970) 253 Ind. 585, 255 N.E.2d ISSUE THREE. It is our opinion that the trial Court did not err in permitting the State to am......
  • Request a trial to view additional results
7 cases
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • December 29, 1982
    ...each victim's sex organ by defendant's sex organ did occur. Lindsey v. State, (1971) 257 Ind. 78, 272 N.E.2d 458; Davis v. State, (1972) 258 Ind. 533, 282 N.E.2d 805; Omans v. State, (1980) Ind.App., 412 N.E.2d 305. The evidence is sufficient to sustain each count of Defendant also contends......
  • Hardin v. State, No. 372A124
    • United States
    • Indiana Court of Appeals of Indiana
    • September 22, 1972
    ...identification denied his right to due process, the question was never raised below and has been waived. Davis v. State (1972), Ind., 282 N.E.2d 805, 31 Ind.Dec. SUFFICIENCY OF EVIDENCE This court may not weigh the evidence nor resolve questions of credibility. We are permitted only to view......
  • Wright v. State, No. 776S199
    • United States
    • Indiana Supreme Court of Indiana
    • June 10, 1977
    ...The Appellant's failure to voice objection also precludes him from raising the issue for the first time on appeal. Davis v. State, (1972) 258 Ind. 533, 282 N.E.2d The Appellant also urges error here on the basis of a prosecution motion for continuance filed on September 26, 1975, three days......
  • Mickens v. State, No. 472A183
    • United States
    • Indiana Court of Appeals of Indiana
    • December 29, 1972
    ...on appeal. Gregory v. State (1972) Ind., 286 N.E.2d 666; Hardin v. State (1972) Ind.App., 287 N.E.2d 359; Davis v. State (1972) Ind., 282 N.E.2d 805; Wilson v. State (1970) 253 Ind. 585, 255 N.E.2d ISSUE THREE. It is our opinion that the trial Court did not err in permitting the State to am......
  • Request a trial to view additional results

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