Denson v. State, No. 29786

Docket NºNo. 29786
Citation163 N.E.2d 749, 240 Ind. 324
Case DateJanuary 22, 1960
CourtSupreme Court of Indiana

Page 749

163 N.E.2d 749
240 Ind. 324
John F. DENSON, Appellant,
v.
STATE of Indiana, Appellee.
No. 29786.
Supreme Court of Indiana.
Jan. 22, 1960.

[240 Ind. 325]

Page 750

Edward F. New, Jr., Indianapolis, for appellant.

Edwin K. Steers, Atty. Gen. of Indiana, Owen S. Boling, Asst. Atty. Gen., for appellee.

ARTERBURN, Chief Justice.

The appellant was charged by affidavit with the crime of assault and battery with [240 Ind. 326] intent to commit a murder. He waived arraignment and entered a plea of not guilty. The trial was by the court without intervention of a jury and resulted in a finding of guilty as charged. He was sentenced to the Indiana State Prison for a period of not less than one (1) nor more than ten (10) years, and fined in the sum of one dollar ($1.00). The motion for a new trial which was overruled first assigns as errors that the finding of the court is not sustained by sufficient evidence and is contrary to law.

The evidence in brief shows that a cab driver picked up the appellant and a woman later identified as Roberta Ann Callan, at the Lorraine Hotel about ten to eleven o'clock in the evening of September 4, 1958. They drove to 56th Street and then east on that street almost to Road 37 and stopped. The appellant and the woman were arguing. The cab driver testified that the appellant was strangling the woman and when appellant let loose, blood came from her throat. This occurred about 25 yards west of Road 37. Another witness further testified that Roberta Callan had a deep cut around her throat which was bleeding badly when he saw her at the hospital; that he talked to the appellant and the appellant said among other things: 'I did it, so what. That was my knife, wasn't it?'

The appellant contends that the venue was not proved, but witness Delmer Tableman, the record shows, was placed on the witness stand and testified that he was acquainted with the boundaries of Marion County and the location of '25 yards west on 56th Street of Road 37' and that such a place is located in Marion County.

In Buhmeier v. State, 1934, 206 Ind. 645, 190 N.E. 857, 858, substantially the same question as to proof of venue was raised on appeal and this court said:

[240 Ind. 327] 'This court will take judicial notice of the fact that the city of Evansville is in Vanderburgh county, and that there is in the State of Indiana such a county as Vanderburgh county. (Cases cited.) The finding was sustained by sufficient evidence as to both the venue and the time of the commission of the offense.'

Moore v. State, 1926, 198 Ind. 547, 153 N.E. 402, rehearing denied 154 N.E. 388; Dunlap v. State, 1932, 205 Ind. 384, 180 N.E. 475, 186 N.E. 764; Christ v. State, 1921, 191 Ind. 56, 131 N.E. 820; Huffman v. State, 1915, 183 Ind. 698, 109 N.E. 401, 748.

The Court takes judicial notice that Marion County is in the State of Indiana. Therefore, in our opinion, the venue was proved and the charge was sustained by the evidence. This Court on appeal will not weight the evidence nor determine the credibility of the witnesses when the question of the sufficiency of the...

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17 practice notes
  • Epps v. State, No. 30102
    • United States
    • Indiana Supreme Court of Indiana
    • September 23, 1963
    ...the credibility of various witnesses when the question of the sufficiency of the evidence is raised on appeal. Denson v. State (1960), 240 Ind. 324, 163 N.E.2d 749. Appellant argues that this conviction rests upon the testimony alone of an admitted criminal and an irresponsible person, and ......
  • Sotelo v. State, No. 574S89
    • United States
    • Indiana Supreme Court of Indiana
    • March 12, 1976
    ...to describe the same details, regardless of how gruesome, horrible and revolting the picture may be. See also: Denson v. State (1960), 240 Ind. 324, 163 N.E.2d [264 Ind. 308] 'The mere fact that evidence in injurious (i.e. prejudicial) to a defendant does not for such reason make it incompe......
  • Ward v. State, No. 30556
    • United States
    • Indiana Supreme Court of Indiana
    • March 12, 1965
    ...witnesses. The issues of fact in such a case must go to the jury and a directed verdict would have been improper. Denson v. State (1960), 240 Ind. 324, 163 N.E.2d 749; Byrd v. State (1962), 243 Ind. 452, 185 N.E.2d We find no reversible error committed by the trial court in this case, and t......
  • Jenkins v. State, No. 55S00-9207-CR-602
    • United States
    • Indiana Supreme Court of Indiana
    • December 20, 1993
    ...by his accusers and by witnesses Page 793 who will testify against him and has the right to cross-examine them. Denson v. State (1960), 240 Ind. 324, 163 N.E.2d 749. However, the right of confrontation is not absolute and must occasionally give way to considerations of public policy and nec......
  • Request a trial to view additional results
17 cases
  • Epps v. State, No. 30102
    • United States
    • Indiana Supreme Court of Indiana
    • September 23, 1963
    ...the credibility of various witnesses when the question of the sufficiency of the evidence is raised on appeal. Denson v. State (1960), 240 Ind. 324, 163 N.E.2d 749. Appellant argues that this conviction rests upon the testimony alone of an admitted criminal and an irresponsible person, and ......
  • Sotelo v. State, No. 574S89
    • United States
    • Indiana Supreme Court of Indiana
    • March 12, 1976
    ...to describe the same details, regardless of how gruesome, horrible and revolting the picture may be. See also: Denson v. State (1960), 240 Ind. 324, 163 N.E.2d [264 Ind. 308] 'The mere fact that evidence in injurious (i.e. prejudicial) to a defendant does not for such reason make it incompe......
  • Ward v. State, No. 30556
    • United States
    • Indiana Supreme Court of Indiana
    • March 12, 1965
    ...witnesses. The issues of fact in such a case must go to the jury and a directed verdict would have been improper. Denson v. State (1960), 240 Ind. 324, 163 N.E.2d 749; Byrd v. State (1962), 243 Ind. 452, 185 N.E.2d We find no reversible error committed by the trial court in this case, and t......
  • Jenkins v. State, No. 55S00-9207-CR-602
    • United States
    • Indiana Supreme Court of Indiana
    • December 20, 1993
    ...by his accusers and by witnesses Page 793 who will testify against him and has the right to cross-examine them. Denson v. State (1960), 240 Ind. 324, 163 N.E.2d 749. However, the right of confrontation is not absolute and must occasionally give way to considerations of public policy and nec......
  • Request a trial to view additional results

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