Davis v. State
| Decision Date | 26 April 1976 |
| Docket Number | No. 3--875A176,3--875A176 |
| Citation | 345 N.E.2d 857,169 Ind.App. 46 |
| Parties | Paris DAVIS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee. |
| Court | Indiana Appellate Court |
Walter J. Alvarez, Gary, for defendant-appellant.
Theo. L. Sendak, Atty. Gen., Charles M. Russell, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.
Defendant-appellant Paris Davis has taken this appeal following his conviction of the offense of robbery as defined in IC 1971, 35--13--4--6 (Burns Code Ed.):
'Whoever takes from the person of another any article of value by violence or by putting in fear, is guilty of robbery, and on conviction shall be imprisoned not less than ten (10) years nor more than twenty-five (25) years, and be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. * * *.'
An examination of the evidence most favorable to appellee State of Indiana discloses that at approximately 9:30 P.M. on the evening of November 29, 1974, Mrs. Marlynn Allred exited from her automobile in the parking lot of the 'Thrifty Mart' in the City of Gary, Indiana. She testified that upon reaching the rear of her automobile a man, whom she later identified as appellant Davis, approached her and 'swung (her) around.' She stated: Mrs. Ruby Blosl, who was in the company of Mrs. Allred at the time, attempted to assist her by pulling on appellant's jacket. After the struggle had continued for approximately five minutes, appellant finally succeeded in wresting the purse from Mrs. Allred and fled 'between some cars.' Mrs. Blosl pursued and intercepted appellant. A second struggle ensued during which appellant struck Mrs. Blosl with his shoe. Thereafter, she testified, 'he sat down on the bumper of the car, put his shoe back on and took off running.' Appellant was observed entering the rear of a white automobile which was leaving the parking lot.
Officer John Pantinas of the Gary Police Department testified that upon entering the Thrifty Mart parking lot on the night in question he observed a struggle between a man and a woman and 'heard some screams.' He further testified: Officer Pantinas was in pursuit of appellant as he entered a 'black over white Ford * * * on the passenger side in the rear.' The officer noticed that 'there were two * subjects in the front seat.' Pantinas returned to his own automobile and gave chase as the automobile occupied by appellant left the parking lot. With the assistance of other police vehicles, the officer, who testified that he never lost sight of the suspect automobile, eventually succeeded in...
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