Fuller v. State, Nos. 370S49

Docket NºNos. 370S49
Citation256 Ind. 681, 271 N.E.2d 720
Case DateAugust 03, 1971
CourtSupreme Court of Indiana

Page 720

271 N.E.2d 720
256 Ind. 681
Linda Lee FULLER, Everett Jones, Appellants,
v.
STATE of Indiana, Appellee.
Everett JONES, Appellant,
v.
STATE of Indiana, Appellee.
Nos. 370S49, 370S64.
Supreme Court of Indiana.
Aug. 3, 1971.

[256 Ind. 682] Palmer K. Ward, Indianapolis, for appellants.

Theodore L. Sendak, Atty. Gen., Lon D. Showley, Deputy Atty. Gen., for appellee.

PRENTICE, Judge.

These appeals arise out of the same factual situation and trial, and, for convenience have been consolidated and will be here treated together.

[256 Ind. 683] Defendants (Appellants) Linda Lee Fuller and Everett Jones, were convicted in a trial by the court upon an indictment in two counts charging conspiracy to commit a felony, to-wit: Rape and Kidnapping. (1956 Repl. Burns Anno. Stat. § 10--1101, IC 1957, 35--1--111--1, Acts of 1905, Ch. 169, § 641, p. 584.) The defendant, Jones, was also convicted upon another indictment charging Rape. (1956 Repl. Burns Anno. Stat. § 10--4201, IC 1971, 35--13--4--3, Acts of 1941, Ch. 148, § 3, p. 447.) The errors assigned are the overruling of motions for new trials, both of which charged that the findings of the court were not sustained by sufficient evidence and were contrary to law.

Page 721

With respect to the conspiracy charges, Defendants contend that there was no evidence that the defendants had an intelligent, deliberate agreement to commit the offense charged, i.e. conspire to commit a felony, to-wit: Rape; and that there was no evidence as to a material element of the crime of rape, to-wit: Force. With respect to the rape charge, the defendant, Jones, again contends that there was no evidence that the act of intercourse was against the will of the prosecuting witness.

The prosecuting witness, Betty Trent, testified that while she was awaiting a bus at a bus station in the city of Indianapolis, she was approached by Fuller, and at Fuller's invitation accompanied her to the coffee shop where Jones was introduced as Fuller's husband and joined them, with the witness' consent. The defendants invited Trent to go with them to their home. She accepted, and they went in a cab, with the understanding with the defendants that they would return her to the station in time to board her bus which was scheduled to depart in approximately one hour. Shortly after arriving at the defendants' home, Jones produced a gun, which he gave to Fuller; and the two of them took Trent into a bedroom and told her to get undressed and into bed, which she did. The defendants disrobed, got into bed with Trent, caressed erogenous areas of her body, and Jones proceeded to have sexual intercourse with her. Trent further testified that the entire bedroom proceedings were against her will and that [256 Ind. 684] she did not struggle or resist because the gun was present, and she was afraid.

Following the aforesaid episode, the defendant, Jones,...

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43 practice notes
  • Pinkerton v. State, No. 770S142
    • United States
    • Indiana Supreme Court of Indiana
    • June 6, 1972
    ...favorable to the State, together with all logical and reasonable inferences which may be drawn therefrom. Fuller v. State (1971), Ind., 271 N.E.2d 720; Gibson v. State (1971), Ind., 271 N.E.2d 706; Lambert v. State (1969), 252 Ind. 441, 249 N.E.2d The conviction will be affirmed if, from th......
  • Hopkins v. State, No. 3--1272A96
    • United States
    • Indiana Court of Appeals of Indiana
    • May 17, 1973
    ...that Cornell Lee Hopkins was guilty of first degree burglary beyond a reasonable doubt. Fuller v. [156 Ind.App. 277] State (1971), Ind., 271 N.E.2d 720; Lambert v. State (1969), 252 Ind. 441, 249 N.E.2d 502; and Pfeifer v. State (1972), Ind.App., 283 N.E.2d 567. We find no Therefore, the ju......
  • Shutt v. State, No. 1076S358
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1977
    ...699; Turner v. State (1972), 259 Ind. 344, 287 N.E.2d 339; Gibson v. State (1971), 257 Ind. 23, 271 N.E.2d 706; Fuller v. State (1971), 256 Ind. 681, 271 N.E.2d 720." Rosell v. State (1976), Ind., 352 N.E.2d 750, [267 Ind. 114] Secondly, in our review, we must also accommodate for possible ......
  • Sargent v. State, No. 2--1272A133
    • United States
    • June 25, 1973
    ...beyond a reasonable doubt that the defendant Page 462 was guilty. Potter v. State, (Ind.1971) 274 N.E.2d 699; Fuller v. State, (Ind.1971) 271 N.E.2d 720.' (Emphasis See also: Ellis v. State, (1969) 252 Ind. 472, 250 N.E.2d 364; Bryant v. State, (Ind.1972) 278 N.E.2d 576; Hardin v. State, (I......
  • Request a trial to view additional results
43 cases
  • Pinkerton v. State, No. 770S142
    • United States
    • Indiana Supreme Court of Indiana
    • June 6, 1972
    ...favorable to the State, together with all logical and reasonable inferences which may be drawn therefrom. Fuller v. State (1971), Ind., 271 N.E.2d 720; Gibson v. State (1971), Ind., 271 N.E.2d 706; Lambert v. State (1969), 252 Ind. 441, 249 N.E.2d The conviction will be affirmed if, from th......
  • Hopkins v. State, No. 3--1272A96
    • United States
    • Indiana Court of Appeals of Indiana
    • May 17, 1973
    ...that Cornell Lee Hopkins was guilty of first degree burglary beyond a reasonable doubt. Fuller v. [156 Ind.App. 277] State (1971), Ind., 271 N.E.2d 720; Lambert v. State (1969), 252 Ind. 441, 249 N.E.2d 502; and Pfeifer v. State (1972), Ind.App., 283 N.E.2d 567. We find no Therefore, the ju......
  • Shutt v. State, No. 1076S358
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1977
    ...699; Turner v. State (1972), 259 Ind. 344, 287 N.E.2d 339; Gibson v. State (1971), 257 Ind. 23, 271 N.E.2d 706; Fuller v. State (1971), 256 Ind. 681, 271 N.E.2d 720." Rosell v. State (1976), Ind., 352 N.E.2d 750, [267 Ind. 114] Secondly, in our review, we must also accommodate for possible ......
  • Sargent v. State, No. 2--1272A133
    • United States
    • June 25, 1973
    ...beyond a reasonable doubt that the defendant Page 462 was guilty. Potter v. State, (Ind.1971) 274 N.E.2d 699; Fuller v. State, (Ind.1971) 271 N.E.2d 720.' (Emphasis See also: Ellis v. State, (1969) 252 Ind. 472, 250 N.E.2d 364; Bryant v. State, (Ind.1972) 278 N.E.2d 576; Hardin v. State, (I......
  • Request a trial to view additional results

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