Dillon v. State, 380S84
| Citation | 422 N.E.2d 1188 |
| Decision Date | 08 July 1981 |
| Docket Number | No. 380S84,380S84 |
| Parties | Marc J. DILLON, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Walter E. Bravard, Jr., Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., Michael Gene Worden, Asst. Atty. Gen., Indianapolis, for appellee.
Appellant was convicted by a jury of rape, criminal deviate conduct and confinement. He was sentenced to three terms to be served concurrently; twenty years, twenty years and four years respectively. He appeals to this Court, raising two issues.
The facts most favorable to the State are as follows:
On October 6, 1979, the victim, L.S., accompanied by two girlfriends, went to the Patio Lounge in Broad Ripple. One girl left. The victim and her friend were joined by others, including the appellant. The five left the bar together, but the victim and her girlfriend were subsequently separated. The victim enlisted appellant's aid in attempting to locate her girlfriend. Following the unsuccessful attempt to locate the friend, L.S. drove the appellant to his home. After parking the car in front of his home, appellant demanded that L.S. perform fellatio. When she refused, he began to beat her about the face. He threatened to cut and kill her with a glass found on the floorboard of the car. After losing her grip on the steering wheel, screaming and honking the car horn, the victim was taken inside the house. There she was raped three times and forced to commit fellatio twice. The appellant released L.S., who drove immediately to the Marion County Sheriff's Office.
Appellant first claims the verdict was not based on substantial evidence. He argues that the State failed to prove beyond a reasonable doubt he used force or imminent threat of force and that evidence adduced at trial indicated the sexual relationship was mutually agreeable. Appellant testified that intercourse was consensual.
In reviewing a case for sufficiency of the evidence, this Court will not weigh the evidence nor judge the credibility of the witnesses. We look only to the evidence favorable to the State and the reasonable inferences drawn therefrom. If there is evidence of probative value to support the jury's determination of guilt beyond a reasonable doubt, we will decline to disturb the verdict. Williams v. State, (1980) Ind., 406 N.E.2d 241.
The facts disclosed in this record clearly satisfy the essential elements charged. A conviction for rape may rest on the uncorroborated testimony of the prosecuting witness if such was sufficient to convince the jury beyond a reasonable doubt of defendant's guilt. Snider v. State, (1980) Ind., 412 N.E.2d 230, Borden v. State, (1980) Ind., 400 N.E.2d 1368. The verdict in this case is supported by sufficient evidence.
Appellant claims the trial court erred in admitting into evidence three photographs of the victim. He contends the photographs...
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