Dobrzykowski v. State, No. 578S81

Docket NºNo. 578S81
Citation269 Ind. 604, 382 N.E.2d 170
Case DateNovember 22, 1978
CourtSupreme Court of Indiana

Page 170

382 N.E.2d 170
269 Ind. 604
Michael E. DOBRZYKOWSKI, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 578S81.
Supreme Court of Indiana.
Nov. 22, 1978.

Page 171

Harriette Bailey Conn, Public Defender, David P. Freund, Eugene C. Hollander, Deputy Public Defenders, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., William E. Daily, Asst. Atty. Gen., Indianapolis, for appellee.

[269 Ind. 605] HUNTER, Justice.

The defendant, Michael Dobrzykowski, was convicted by a jury of rape, Ind.Code § 35-13-4-3 (Burns 1975), and sentenced to eighteen years' imprisonment. In this direct appeal he raises the issue of the sufficiency of the evidence.

The facts from the record most favorable to the state reveal that the following incidents occurred on the night of June 13, 1977. Several young teenage boys met to spend the night camping out in a homemade "fort" they had built in a backyard. Later in the evening, the victim, Tracy, who was twelve years old, and her eleven year old sister, joined the group. The defendant, who was twenty-three years old, and one of his friends also joined the group. The youths were sitting around a bonfire they had built and several of them were drinking beer and wine. Defendant stated that he would get the victim drunk in order to have sexual relations with her. He told some of the other boys to take her sister on a long walk so he and the victim could be alone.

The victim went inside the fort to lie down as she became ill from drinking the beer and wine. The defendant then also went inside the fort and the other boys heard the victim "screaming" and "crying." One of the boys looked inside and saw the defendant lying on top of the victim. Two of the younger boys went and got a gun and pointed it into the fort. The defendant came running out and the boys found the victim lying on the bed, covered with a sleeping bag, crying and asking for her mother.

A medical examination revealed that the victim had abrasions on her face and shoulder, and a small tear on the outside of the vaginal wall. The doctor testified that she

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was in a state of shock and that a further vaginal examination was impossible because of her emotional state. The examination did not reveal the presence of spermatozoa. The victim testified that she knew what sexual intercourse was and that the defendant had forced her to have intercourse with him.

[269 Ind. 606] The defendant now argues that his...

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19 practice notes
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • December 29, 1982
    ...of a rape victim is enough to support a conviction. Tillman v. State, (1980) Ind., 408 N.E.2d 1250; Dobrzykowski v. State, (1978) 269 Ind. 604, 382 N.E.2d 170. While it is true that more specific questioning of each victim would have been desirable for purposes of appellate review, the test......
  • Seeglitz v. State, No. 985S388
    • United States
    • Indiana Supreme Court of Indiana
    • November 17, 1986
    ...defense of lack of intent is on the defendant. Bates v. State (1980), 274 Ind. 214, 409 N.E.2d 623; Dobrzykowski v. State (1978), 269 Ind. 604, 382 N.E.2d 170. So long as the offender is capable of conceiving a design, he will be presumed in the absence of contrary proof, to have intended t......
  • Robinson v. State, No. 1281S368
    • United States
    • Indiana Supreme Court of Indiana
    • April 7, 1983
    ...to convince the trier of fact beyond a reasonable doubt. Snider v. State, (1980) Ind., 412 N.E.2d 230; Dorbrzykowski v. State, (1978) 269 Ind. 604, 382 N.E.2d 170. Here the victim's testimony was consistent at trial and she unequivocally identified the defendant as the man who molested her.......
  • Gajdos v. State, No. 383S81
    • United States
    • Indiana Supreme Court of Indiana
    • April 30, 1984
    ...281, 385 N.E.2d 424, and the burden of proof on intoxication rests with the defendant. Fielden v. State; Dobrzykowski v. State, (1978) 269 Ind. 604, 382 N.E.2d Evidence in this case showed that, on the day the victim was killed, the defendant had been drinking. Lori Beverlin, the defendant'......
  • Request a trial to view additional results
19 cases
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • December 29, 1982
    ...of a rape victim is enough to support a conviction. Tillman v. State, (1980) Ind., 408 N.E.2d 1250; Dobrzykowski v. State, (1978) 269 Ind. 604, 382 N.E.2d 170. While it is true that more specific questioning of each victim would have been desirable for purposes of appellate review, the test......
  • Seeglitz v. State, No. 985S388
    • United States
    • Indiana Supreme Court of Indiana
    • November 17, 1986
    ...defense of lack of intent is on the defendant. Bates v. State (1980), 274 Ind. 214, 409 N.E.2d 623; Dobrzykowski v. State (1978), 269 Ind. 604, 382 N.E.2d 170. So long as the offender is capable of conceiving a design, he will be presumed in the absence of contrary proof, to have intended t......
  • Robinson v. State, No. 1281S368
    • United States
    • Indiana Supreme Court of Indiana
    • April 7, 1983
    ...to convince the trier of fact beyond a reasonable doubt. Snider v. State, (1980) Ind., 412 N.E.2d 230; Dorbrzykowski v. State, (1978) 269 Ind. 604, 382 N.E.2d 170. Here the victim's testimony was consistent at trial and she unequivocally identified the defendant as the man who molested her.......
  • Gajdos v. State, No. 383S81
    • United States
    • Indiana Supreme Court of Indiana
    • April 30, 1984
    ...281, 385 N.E.2d 424, and the burden of proof on intoxication rests with the defendant. Fielden v. State; Dobrzykowski v. State, (1978) 269 Ind. 604, 382 N.E.2d Evidence in this case showed that, on the day the victim was killed, the defendant had been drinking. Lori Beverlin, the defendant'......
  • Request a trial to view additional results

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