Evans v. State

• Citation: 68 N.E.2d 546,224 Ind. 428
• Decision Date: 23 September 1946
• Docket Number: No. 28153.,28153.
• Parties: EVANS v. STATE.
• Court: Supreme Court of Indiana

224 Ind. 428
68 N.E.2d 546

EVANS
v.
STATE.

No. 28153.

Supreme Court of Indiana.

Sept. 23, 1946.

Garland Dean Evans was convicted of grand larceny, and he appeals.

Affirmed.

[68 N.E.2d 547]

Appeal from Vigo Circuit Court; Walter F. Wood, Special judge.
Randolph H. Mayes and Wm. B. Edmonds, both of Terre Haute, for appellant.

James A. Emmert, Atty. Gen., and Frank E. Couglin, First Asst. Atty. Gen., for appellee.

RICHMAN, Judge.

This opinion supercedes written opinion dated May 28, 1946, which is hereby withdrawn because of error in the writer's statement of the record due, as suggested in appellant's petition for rehearing, to the confusion of two exhibits. We have considered not only the questions raised by the original briefs but also those urged in the brief on petition for rehearing.

Appellant was prosecuted on three counts, grand larceny, second degree burglary and entering with felonious intent. Tried without a jury, he was found guilty of grand larceny and acquitted of the other offenses. The only question properly presented is whether the finding is sustained by sufficient evidence.

The affidavit alleged the larceny of an electric grinder and a paint spray gun of the value of $100. The evidence shows that these articles, with an electric drill, were taken from the owner's shop in Terre Haute. Entry was effected through a window which was closed when an employee left at 10 p. m., November 24, 1944, and was found open at 7 a. m. the following day. There were marks on the window ledge and on the glass and footprints outside the window. Appellant sold the spray gun and tried to sell the grinder in Decatur, Illinois, where he was arrested and signed a statement in the presence of police officers. On the 25th of November a parcel was shipped by railway express from Terre Haute to Decatur, Illinois. The purported consignor and consignee were ‘National Air Sander’ and ‘Garland Evans' respectively. The shipment was received in Decatur on November 28 and on the 1st day of December it was delivered to appellant whose signature to the receipt was declared by handwriting experts to be identical with the signature to the statement made and signed by him in the presence of police officers January 21, 1944, in Decatur. While he was at the police station in Decatur one Dale was called by the police and brought in the spray gun. In the presence of appellant Dale said that he had purchased the gun from appellant for $10 which appellant verified. The grinder was also there and...