Donaldson v. State, 28917
| Decision Date | 08 December 1952 |
| Docket Number | No. 28917,28917 |
| Parties | DONALDSON v. STATE. |
| Court | Indiana Supreme Court |
Milo C. Murray (of Murray & Schell), Gary, for appellant.
J. Emmett McManamon, Atty. Gen., William T. McClain, John Ready O'Connor, Deputy Attys. Gen., for appellee.
Appellant was charged, under § 10-4217, Burns' 1942 Replacement, with keeping a house of ill fame. The affidavit was in the language of the statute.
Appellant entered a plea of not guilty and waived trial by jury. She was found guilty by the trial court and judgment was entered accordingly.
Appellant assigns as error the overruling of her motion for new trial. The motion for new trial assets that the finding of the court is contrary to law and is not sustained by sufficient evidence.
Appellant contends that there is no evidence establishing the fact that she was in control of the house in which acts of prostitution took place. Many facts proved in this case are such as may not be recited with propriety. However, the evidence does reveal that appellant talked to the prosecuting witnesses, urging them to become prostitutes; that they then did commit acts of prostitution in the house owned by appellant and in which she resided; that appellant called the girls down-stairs to have the men see them, and received money for the acts of prostitution committed by the prosecuting witnesses. There is conflicting evidence. This court cannot weigh such evidence, but must consider only the evidence most favorable to appellee, with all reasonable and logical inferences therefrom. Gilmore v. State, 1951, 229 Ind. 359, 98 N.E.2d 677. If there is substantial evidence of probative value upon each material element of the cirme charged, then the judgment of the trial court must be sustained. After considering the evidence most favorable to appellee, we find that there is substantial evidence of probative value that appellant was guilty as charged. Schultz v. State, 1928, 200 Ind. 1, 161 N.E. 5; Sullivan v. State, 1928, 200 Ind. 43, 161 N.E. 265; Matthews v. State, 1928, 200 Ind. 53, 161 N.E. 271.
Judgment affirmed.
To continue reading
Request your trial
-
Scott v. State, 31005
...the evidence most favorable to the trial court's finding and judgment. Fisher v. State (1966), Ind., 219 N.E.2d 818; Donaldson v. State (1952), 231 Ind. 434, 108 N.E.2d 888. In the case at bar the evidence when viewed most favorably to the appellee State of Indiana reveals the following Roc......
-
Cosby v. State, 969S212
...favorable to the appellee, together with all reasonable inferences. Moore v. State (1970), Ind., 256 N.E.2d 907; Donaldson v. State (1952), 231 Ind. 434, 108 N.E.2d 888. Further, this Court will not weigh evidence or determine credibility of witnesses. Kirk v. State (1970), Ind., 257 N.E.2d......
-
Leaver v. State, 31159
...together with all the reasonable inferences to be drawn therefrom. Fisher v. State (1966), Ind., 219 N.E.2d 818; Donaldson v. State (1952) 231 Ind. 434, 108 N.E.2d 888. The Supreme Court on appeal will not weigh the evidence or the credibility of witnesses; Stock v. State (1966) Ind., 219 N......
-
Hallums v. State, 30997
...inferences, to sustain the finding of the trial court. Mason v. State (1963), 244 Ind. 206, 191 N.E.2d 705; Donaldson v. State (1952), 231 Ind. 434, 108 N.E.2d 888; Gilmore v. State (1951), 229 Ind. 359, 98 N.E.2d The judgment of the trial court is affirmed. LEWIS, C.J., and MOTE and HUNTER......