Dinning v. State, 870S191
| Decision Date | 11 May 1971 |
| Docket Number | No. 870S191,870S191 |
| Citation | 256 Ind. 399,269 N.E.2d 371,25 Ind.Dec. 449 |
| Parties | William DINNING, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
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.
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.
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 transcript of the testimony taken before the Grand Jury and the minutes of the Grand Jury, which motion was made prior to the start of the trial in anticipation of cross-examination and impeachment of witnesses. This Court has previously stated that a defendant has no right to inspection of the transcript of the evidence taken before the Grand Jury. Mahoney v. State (1964), 245 Ind. 581, 201 N.E.2d 271, 3 Ind.Dec. 750. The proceedings before a Grand Jury are secret. Burns Ind.Stat 1956 Repl., § 9--816, I.C.1971, 35--1--15--16. If a party desires certain testimony given before the Grand Jury, he must show good cause with particularity as to why he should have access to such testimony. Antrobus v. State (1970), Ind., 254 N.E.2d 873, 20 Ind.Dec. 164.
The appellant also had the ability to call a member of the Grand Jury to testify for the purpose of ascertaining whether testimony of the witness before the Grand Jury was consistent with evidence given by the witness before the court. Burns Ind.Stat., 1956 Repl., § 9--817, I.C.1971, 35--1--15--17. This he did not do. We hold the trial court did not err in refusing to grant appellant's motion for a transcript of the proceedings before the Grand Jury.
The appellant next contends the verdict was not supported by sufficient evidence and was, therefore, contrary to law. Appellant argues that there is a lack of evidence to support the necessary allegation of premediated malice. On review this Court will consider only that evidence most favorable to the State, together with all reasonable inferences to be drawn therefrom. Langley v. State (1968), 250 Ind. 29, 232 N.E.2d 611, 12 Ind.Dec. 419....
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