Dinning v. State, No. 870S191

Docket NºNo. 870S191
Citation256 Ind. 399, 269 N.E.2d 371, 25 Ind.Dec. 449
Case DateMay 11, 1971
CourtSupreme Court of Indiana

Page 371

269 N.E.2d 371
256 Ind. 399
William DINNING, Appellant,
v.
STATE of Indiana, Appellee.
No. 870S191.
Supreme Court of Indiana.
May 11, 1971.
Rehearing Denied Aug. 3, 1971.

[256 Ind. 400]

Page 372

Charles W. Vincent, Terre Haute, for appellant.

Theodore L. Sendak, Atty. Gen., of Indiana, R. Michael Bruney, Deputy Atty. Gen., William F. Thompson, Asst. Atty. Gen., Indianapolis, for appellee.

GIVAN, Judge.

Appellant was charged with first degree murder. Trial by jury resulted in a verdict of guilty as charged, after which the appellant was sentenced to the Indiana State Prison for life.

The record discloses the following facts:

In early September, 1969, the appellant had told his step-daughter that he was going to kill her mother (the decedent in this case). He also stated that he was going to burn the house down. On numerous occasions the appellant had made threats against his wife and had inflicted physical harm. The decedent owned a pistol which she kept at her daughter's house. However, on September 15, the day before the alleged killing, the decedent obtained the pistol from her daughter because the appellant had threatened to kill her. On the same day the appellant purchased a twelve gauge shotgun and several shells.

[256 Ind. 401] The next day, on September 16, 1969, the appellant drove to the house where the decedent resided with appellant's son and step-son. Appellant obtained a can of gasoline from a coal shed at the rear of the house, then cut the telephone wires leading to the house. Appellant then broke into the house. As the decedent fled from the appellant through the house, the appellant fired the shotgun striking and wounding the decedent. The decedent ran from the house but fell to the ground between her house and a neighbor's house.

Otis Williams, son of the decedent and step-son of the appellant, testified that when the appellant started breaking into the house the decedent awakened him and told him what was happening. He got out of bed and saw the appellant fire the first shot which struck his mother. He grabbed the barrel of the gun, took it away from the appellant and threw it out the back door. He continued to fight with the appellant through the house and out into the front yard where appellant was able to get away from Williams and ran around to the back of the house. Williams ran around the house in the opposite direction. The appellant recovered the shotgun, and Williams stood behind a tree. He could hear his mother calling to the neighbors. The neighbors, roused by the shoting and the shot, came from their house but were told by the appellant to go back inside and not call police. Williams testified that he then heard a second shot, after which the appellant ran to his car and drove away.

Appellant first contends the trial court erred in denying his motion for a...

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10 practice notes
  • State v. Louk, No. 15565
    • United States
    • Supreme Court of West Virginia
    • March 25, 1983
    ...People v. Tate, 25 Ill.App.3d 411, 323 N.E.2d 485, 493 (1974), aff'd., 63 Ill.2d 105, 345 N.E.2d 480; Dinning v. State, 256 Ind. 399, 269 N.E.2d 371 (1971); State v. Martin, La., 376 So.2d 300 (1979), cert. denied, 449 U.S. 998, 101 S.Ct. 540, 66 L.Ed.2d 297, reh. denied, 449 U.S. 1119, 101......
  • Blackburn v. State, No. 370S43
    • United States
    • Indiana Supreme Court of Indiana
    • January 24, 1973
    ...that the accused does not possess an absolute right to the pre-trial examination of Grand Jury minutes. Dinning v. State (1971), Ind., 269 N.E.2d 371 rehearing denied; Mahoney Page 691 v. State (1964), 245 Ind. 581, 201 N.E.2d 271. The deliberations of the Grand Jury are intended to be kept......
  • DeVaney v. State, No. 671S192
    • United States
    • Indiana Supreme Court of Indiana
    • November 10, 1972
    ...see, IC 1971, 35--1--15--16 through 35--1--15--18 (Ind.Ann.Stat. §§ 9--816 through 9--818 (1956 Repl.)); Dinning v. State (1971), Ind., 269 N.E.2d 371. However, this does not preclude the defendant from calling a grand juror as a witness; see Dinning v. State, supra; Mahoney v. State (1964)......
  • Hinojosa v. State, No. 45S05-0111-CR-590
    • United States
    • Indiana Supreme Court of Indiana
    • January 15, 2003
    ...v. State, 253 Ind. 420, 430, 254 N.E.2d 873, 878, citing Burns' § 9-817, Ind. Acts 1905, ch. 169, § 103; see also Dinning v. State, 256 Ind. 399, 269 N.E.2d 371 (1971) (reaffirming the statutory interpretation of In 1974, the Legislature amended the statute to prescribe that "the transcript......
  • Request a trial to view additional results
10 cases
  • State v. Louk, No. 15565
    • United States
    • Supreme Court of West Virginia
    • March 25, 1983
    ...People v. Tate, 25 Ill.App.3d 411, 323 N.E.2d 485, 493 (1974), aff'd., 63 Ill.2d 105, 345 N.E.2d 480; Dinning v. State, 256 Ind. 399, 269 N.E.2d 371 (1971); State v. Martin, La., 376 So.2d 300 (1979), cert. denied, 449 U.S. 998, 101 S.Ct. 540, 66 L.Ed.2d 297, reh. denied, 449 U.S. 1119, 101......
  • Blackburn v. State, No. 370S43
    • United States
    • Indiana Supreme Court of Indiana
    • January 24, 1973
    ...that the accused does not possess an absolute right to the pre-trial examination of Grand Jury minutes. Dinning v. State (1971), Ind., 269 N.E.2d 371 rehearing denied; Mahoney Page 691 v. State (1964), 245 Ind. 581, 201 N.E.2d 271. The deliberations of the Grand Jury are intended to be kept......
  • DeVaney v. State, No. 671S192
    • United States
    • Indiana Supreme Court of Indiana
    • November 10, 1972
    ...see, IC 1971, 35--1--15--16 through 35--1--15--18 (Ind.Ann.Stat. §§ 9--816 through 9--818 (1956 Repl.)); Dinning v. State (1971), Ind., 269 N.E.2d 371. However, this does not preclude the defendant from calling a grand juror as a witness; see Dinning v. State, supra; Mahoney v. State (1964)......
  • Hinojosa v. State, No. 45S05-0111-CR-590
    • United States
    • Indiana Supreme Court of Indiana
    • January 15, 2003
    ...v. State, 253 Ind. 420, 430, 254 N.E.2d 873, 878, citing Burns' § 9-817, Ind. Acts 1905, ch. 169, § 103; see also Dinning v. State, 256 Ind. 399, 269 N.E.2d 371 (1971) (reaffirming the statutory interpretation of In 1974, the Legislature amended the statute to prescribe that "the transcript......
  • Request a trial to view additional results

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