Fullen v. State

• Decision Date: 30 April 1926
• Docket Number: 24,953
• Citation: 151 N.E. 616,198 Ind. 407
• Parties: Fullen v. State of Indiana
• Court: Indiana Supreme Court

151 N.E. 616

198 Ind. 407

Fullen v. State of Indiana

No. 24,953

Supreme Court of Indiana

April 30, 1926

Rehearing Denied November 3, 1926.

1. CRIMINAL LAW.---In determining sufficiency of the evidence to sustain conviction, Supreme Court will consider only the evidence favorable to the state.---On appeal from a criminal prosecution, in determining whether the evidence is sufficient to sustain the finding, the Supreme Court will consider only the evidence favorable to the state, with the inferences and conclusions to be drawn therefrom, and will not consider any evidence which contradicts the evidence of the state. p. 408.

2. INTOXICATING LIQUORS.---Evidence held sufficient to sustain conviction for transporting intoxicating liquor in an automobile in violation of Acts 1923 p. 108. p. 412.

From Marion Criminal Court (57,626); James A. Collins, Judge.

Katherine Fullen was convicted of transporting intoxicating liquor in an automobile, and she appeals.

Affirmed.

Slack & Rinier, for appellant.

Arthur L. Gilliom, Attorney-General and Edward J. Lennon, Jr. Deputy Attorney-General, for the State.

OPINION

Willoughby, J.

The appellant appealed from a conviction of unlawful transportation of intoxicating liquor in an automobile, in violation of § 1, ch. 34 of an act concerning intoxicating liquor and declaring an emergency, Acts 1923 p. 108.

The prosecution was upon an affidavit charging that the appellant Katherine Fullen and Gordon Moore, on or about October 24, 1924, A. D. at and in the county of Marion, State of Indiana, did then and there unlawfully, knowingly and feloniously transport intoxicating liquor in an automobile within the county of Marion and state aforesaid, in violation of the laws of this state.

The trial was by the court without a jury and the court found appellant guilty, and pronounced judgment on the finding that appellant, for the offense so committed by her, be fined in the sum of $ 100 and that she be imprisoned in the Indiana Woman's Prison for a term of not less than one or more than two years; that she pay and satisfy all costs and charges herein.

From this judgment appellant appeals and assigns as error that the court erred in overruling her motion for a new trial. The only question presented by appellant's brief under that assignment of error is, that the finding of the court is not sustained by sufficient evidence.

In determining whether the evidence is sufficient to sustain the finding, this court will consider only the evidence most favorable to the state with the inferences and conclusions to be drawn therefrom, and will not consider any evidence which contradicts this evidence of the state. Howard v. State (1921), 191 Ind. 232, 131 N.E. 403.

The evidence most favorable to the state is as follows: A witness, Wm. H. Crowe, testified as follows: "I know Katherine Fullen and Gordon Moore. I saw them on the 20th day of October, 1924, at 551 W. Wilkins Street, Marion county, Indiana, and had a conversation with them about a trip to Chicago. A woman named Vida Steadman was with me. We visited their place on that day between 6:30 and 8:00 and made arrangements to go to Chicago after a load of whisky the following day. I did the talking. The Steadman woman asked when we were going after a load and Mrs. Fullen said, the following day. She asked if Vida Steadman and I were going along. She didn't say who, if anyone, she was going to take along. The next day I saw Mrs Fullen at her home and Gordon Moore was with her. Gordon Moore was working on a Marmon automobile. She was in the house and Mrs. Steadman went in the house. I was talking to Gordon Moore about the car. About 2 we left for Chicago. Mrs. Steadman, Mrs. Fullen, Gordon Moore and I. We went to Chicago Heights. Mrs. Steadman knew where the place was where we came to get the load. After the car was loaded, I went on into Chicago and went over and sent a wire to Indianapolis, to the federal officers, and started back home. Mrs. Steadman was with me. The defendants drove back home the following day. I left defendants at Danville. I didn't bring any liquor back with me. I was driving a Hupmobile and they were driving a Marmon. The last I saw of Gordon Moore and Katherine Fullen was in Danville, Illinois. They stopped to get a fan belt on the car. At Chicago Heights, we stopped and watched them drive up. In my conversation with Katherine Fullen, she said she was going to Chicago to get a load. The night before we went out there to get some whisky and she said she didn't have any but she was going the following day after some. I was in Chicago with Gordon Moore and Katherine Fullen. They were in a Marmon car. I have seen the car since. It is now in the care of the sheriff. I drove to Chicago Heights and came back with Vida Steadman. She had a Hupmobile roadster. I didn't see the Fullen woman and Gordon Moore on the return trip. I saw them drive to Chicago Heights, about the last I saw of them. I sent a telegram to the federal officers that the car was on the road. This was about 12:30 a.m. I didn't see them leave Chicago Heights."

Another witness, a deputy sheriff, testified as follows: "I know defendants. I placed them under arrest October 22, 1924. I arrested Gordon Moore...