Elliott v. State, 971S248
| Decision Date | 01 March 1972 |
| Docket Number | No. 971S248,971S248 |
| Citation | 279 N.E.2d 207,258 Ind. 92 |
| Parties | Ronald Eugene ELLIOTT, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
George A. Purvis, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., for appellee.
Ronald Eugene Elliott was charged by affidavit with the crime of Robbery on March 9, 1971. Upon arraignment appellant entered a plea of not guilty and requested a trial by jury. On May 11, 1971, a jury returned a verdict of guilty as charged to the crime of Robbery. A presentence investigation followed and on May 20th the court pronounced the following judgment on the verdict:
The evidence presented at trial, viewed in favor of the judgment, discloses that on the evening of December 14, 1970, one Rexall G. Perrine was working at the Imperial Service Station in Indianapolis, Indiana, when appellant and another man came into the station and ordered some cigarettes. Appellant then grabbed Perrine's arm while the other man with appellant pointed a shotgun on Perrine. Perrine identified the appellant in court as the man who grabbed him on the night in question. Appellant told Perrine to empty the money changer, and when Perrine was attempting to open the money drawer the appellant grabbed the keys and opened it himself. The other man put the shotgun to the nose of Perrine and banged his head against the wall while he demanded to know where the rest of the money was. Perrine informed appellant's accomplice that he had it all at which time appellant asked his accomplice for the shotgun saying he would kill Perrine. Appellant then went to reach for the gun but his colleague refused to surrender it. Appellant and his companion then took the money from the other station attendant, James Hunt, and from the wallets of Perrine and Hunt. They also removed cigarettes from the station.
The appellant and his companion put Perrine in a back room and herded various customers into the back room with him before they left the station.
James Gross, a friend of Rexall Perrine, testified that he was on the scene of the robbery at the Golden Imperial Service Station and he identified appellant as being at the scene of the robbery and a participant therein. Gross stated that appellant attempted to jerk the shotgun from his companion's hands to 'blow his head off' but his companion wouldn't let appellant have the gun. He saw appellant with the cigarettes, from the station, in his hands. He also testified that appellant asked how much money the kids had.
Ronald Sandlin, who was present at the scene of the robbery, identified appellant as one of those present. Sandlin corroborated the testimony of Gross and Perrine that appellant tried to take the gun and that he wanted to take the money of all the 'kids' present.
Jose Rodriques, another person present at the time of the robbery, testified that he saw appellant at the scene of the robbery.
William T. Reeve, a witness for the state, observed two men running from the Imperial Station, one carrying a rifle or shotgun, around midnight on the night in question. He saw them get into a 1960 or 1963 light colored Studebaker and drive away. He reported this to the policeman investigating the robbery at the scene, Patrolman Robert Szalay, who placed the description of the automobile on the police radio.
Charles Gorgol, an Indianapolis Police Officer, pulled over a Studebaker fitting the description of the one Patrolman Szalay placed over police radio when he saw it commit a traffic violation. The car parked in front of the residence at 422 South Villa, and a man fitting the description of appellant's accomplice ran into the house at the address. Gorgol identified appellant as a passenger in the Studebaker. In the bushes adjacent to the residence at 422 South Villa and the automobile, Officer Gorgol found a shotgun which he marked for identification with his initials and the date. The shotgun was admitted into evidence over the objection of the appellant.
Police Officer Charles L. Faulkner testified that he participated with Officer Gorgol in the stopping of the Studebaker and that he observed a man get out of the car and run to the porch of the residence at 422 South Villa. He noticed the man's left hand reach up to the mailbox on the house. Officer Szalay went to the mailbox and removed a shotgun shell from it and placed his mark upon it. The shell was admitted into evidence over objections by the appellant.
In the back of the Studebaker, clothing, and an empty gun case and cigarettes were found. Appellant makes no contention against the admissibility of these items on appeal.
Prior to taking the occupants of the...
To continue reading
Request your trial
-
Leavell v. State
...identification of the evidence is not required prior to its admission. Johnson v. State, 400 N.E.2d at 133; Elliott v. State, (1972) 258 Ind. 92, 96, 279 N.E.2d 207, 209. Defendant next argues that the hammer handle should not have been admitted into evidence because there had not been a su......
-
Bullock v. State
...that positive proof of authentication of an object is not necessary for the admission of the object into evidence. Elliott v. State (1972), 258 Ind. 92, 279 N.E.2d 207. Any fact which legitimately tends to connect the defendant with a crime is admissible when only a reasonable inference may......
-
Jackson v. State
...that positive proof of authentication of an object is not necessary for the admission of the object into evidence. Elliott v. State (1972), 258 Ind. 92, 279 N.E.2d 207. Any fact which legitimately tends to connect the defendant with a crime is admissible when only a reasonable inference may......
-
Poindexter v. State
...that positive proof of authentication of an object is not necessary for the admission of the object into evidence. Elliott v. State, (1972) 258 Ind. 92, 279 N.E.2d 207. Any fact which legitimately tends to connect the defendant with a crime is admissible when only a reasonable inference may......