Dickens v. State, No. 1068
| Docket Nº | No. 1068 |
| Citation | 254 Ind. 388, 22 Ind.Dec. 164, 260 N.E.2d 578 |
| Case Date | July 22, 1970 |
| Court | Supreme Court of Indiana |
Page 578
v.
STATE of Indiana, Appellee.
Rehearing Denied Sept. 8, 1970.
Palmer K. Ward, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen. of Indiana, John J. Dillon, Former Atty. Gen., Richard V. Bennett, Former Deputy Atty. Gen., for appellee.
ARTERBURN, Judge.
Appellant was charged by affidavit filed in the Lawrence Magistrate Court of Marion County with violation[254 Ind. 389] of the offenses against property act. Upon a finding of guilty, an appeal was taken to Marion Criminal Court, Div. 2. The cause was tried de novo, appellant again being found guilty.
The evidence introduced was to the effect that the appellant entered a store, put on a woman's coat, put his own coat on over the woman's coat, and left the store. This conduct was witnessed by a saleslady in the store. Appellant was then observed going to an automobile parked near the store, where he removed the woman's coat, handed it to someone inside the automobile, and drove away.
Page 579
The sole issue presented for our consideration is formed by the appellant's allegation that the trial court erred in permitting the witnesses for the prosecution 'to testify without the State over proving the arrest of the defendant.' It is not argued that the arrest was in fact illegal but only that the failure of the State to prove that appellant was arrested denied appellant '* * * the chance to attack the arrest as being without probable cause.' With such a proposition we cannot agree.
Even if an arrest is illegal, it has been held that it does not amount to a denial of due process. Further, there is authority for the proposition that an illegal arrest, in itself, in no way affects a judgment of conviction. People v. Rose (1961), 22 Ill.2d 185, 174 N.E.2d 673. The general rule also being that the jurisdiction of a court over the person of the defendant is not terminated by an illegal arrest. See 22 C.J.S. Criminal Law § 144, p. 382; 96 A.L.R. 982; State v. Wenzel (1881), 77 Ind. 428. But as we noted above, the appellant does not go so far as to assert that his arrest was in fact illegal. In the instant cause there was no burden upon the State to come forward with evidence tending to establish the legality of the appellant's arrest. The arrest of appellant is not an element of the crime for which he was charged and convicted. In fact, the arrest has no relevancy...
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Smith v. State, No. 2--773A151
...the alleged outstanding arrest warrant for a probation violation was proof of the illegality of the arrest. In Dickens v. State (1970), 254 Ind. 388, 260 N.E.2d 578, 579, Chief Justice Arterburn supplies the 'Even if an arrest is illegal, it has been held that it does not amount to a denial......
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State v. Palmer, No. 49A04-8605-CR-132
...accused. Martin, supra. The jurisdiction of a court over the defendant is not terminated by an illegal arrest. Dickens v. State (1970), 254 Ind. 388, 260 N.E.2d 578. An invalid arrest does not affect the right of the State to try a case nor does it affect the judgment of conviction. Denson ......
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Davis v. State, No. 574S97
...311; Farmer v. State (1971), 257 Ind. 511, 275 N.E.2d 783; Wells v. State (1971), 256 Ind. 161, 267 N.E.2d 371; Dickens v. State (1970), 254 Ind. 388, 260 N.E.2d 578; Layton v. State (1968), 251 Ind. 205, 240 N.E.2d (4) Also with reference to the alleged illegal arrest and detention, petiti......
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Williams v. State, No. 671S163
...Wells v. State (1971), 256 Ind. 161, 267 N.E.2d 371, 373; and does not amount to a denial of due process. Dickens v. State (1970), 254 Ind. 388, 260 N.E.2d 578, III. Sufficiency of the Evidence. This Court will not, on appeal, weigh the evidence or determine the credibility of witnesses, an......
-
Smith v. State, No. 2--773A151
...the alleged outstanding arrest warrant for a probation violation was proof of the illegality of the arrest. In Dickens v. State (1970), 254 Ind. 388, 260 N.E.2d 578, 579, Chief Justice Arterburn supplies the 'Even if an arrest is illegal, it has been held that it does not amount to a denial......
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State v. Palmer, No. 49A04-8605-CR-132
...accused. Martin, supra. The jurisdiction of a court over the defendant is not terminated by an illegal arrest. Dickens v. State (1970), 254 Ind. 388, 260 N.E.2d 578. An invalid arrest does not affect the right of the State to try a case nor does it affect the judgment of conviction. Denson ......
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Davis v. State, No. 574S97
...311; Farmer v. State (1971), 257 Ind. 511, 275 N.E.2d 783; Wells v. State (1971), 256 Ind. 161, 267 N.E.2d 371; Dickens v. State (1970), 254 Ind. 388, 260 N.E.2d 578; Layton v. State (1968), 251 Ind. 205, 240 N.E.2d (4) Also with reference to the alleged illegal arrest and detention, petiti......
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Williams v. State, No. 671S163
...Wells v. State (1971), 256 Ind. 161, 267 N.E.2d 371, 373; and does not amount to a denial of due process. Dickens v. State (1970), 254 Ind. 388, 260 N.E.2d 578, III. Sufficiency of the Evidence. This Court will not, on appeal, weigh the evidence or determine the credibility of witnesses, an......