Dickens v. State
| Decision Date | 22 July 1970 |
| Docket Number | No. 1068,1068 |
| Citation | 254 Ind. 388,22 Ind.Dec. 164,260 N.E.2d 578 |
| Parties | John Junior DICKENS, Appellant, v. STATE of Indiana, Appellee. S 180. |
| Court | Indiana Supreme Court |
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.
Appellant was charged by affidavit filed in the Lawrence Magistrate Court of Marion County with violation 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.
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 whatever to the proof...
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Smith v. State
...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, 49A04-8605-CR-132
...of the 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. ......
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Williams v. State, 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, 579. III. Sufficiency of the This Court will not, on appeal, weigh the evidence or determine the credibility of witnesses, and whe......