Gertchen v. State, 2--1172A103
Decision Date | 17 December 1973 |
Docket Number | No. 2--1172A103,2--1172A103 |
Citation | 158 Ind.App. 691,304 N.E.2d 335 |
Parties | John R. GERTCHEN, James R. Hill, Appellants, v. STATE of Indiana, Appellee. |
Court | Indiana Appellate Court |
Palmer K. Ward, Indianapolis, for appellants.
Theodore L. Sendak, Atty. Gen., Robert E. Dwyer, Deputy Atty. Gen., Indianapolis, for appellee.
Defendants Gertchen and Hill were tried to a jury and found guilty of second degree burglary and safe burglary. Their appeal is premised entirely on the contention that the verdict is not sustained by sufficient evidence because it rests on the uncorroborated testimony of an accomplice who is an admitted and convicted narcotics user whose testimony, in some details, conflicts with the testimony of the proprietor of the burglarized store.
The cases are almost legion in which the Supreme Court of Indiana has reiterated the substance of what it said over a century ago in Stocking v. State (1855), 7 Ind. 326, 330:
Among the cases which restate the substance of '(t)he rule that convictions may be based on the uncorroborated testimony of an accomplice' (Green v. State (1960), 241 Ind. 96, 102, 168 N.E.2d 345) are: Johnson v. State (1879), 65 Ind. 269; Brewster v. State (1917), 186 Ind. 369, 115 N.E. 54; Ingram v. State (1951), 230 Ind. 25, 99 N.E.2d 410; Walker v. State (1934), 206 Ind. 232, 189 N.E. 127; Pleak v. State (1929), 201 Ind. 274, 167 N.E. 524; Tungate v. State (1958), 238 Ind. 48, 147 N.E.2d 232; Smith v. State (1961), 241 Ind. 601, 174 N.E.2d 47; Aikins v. State (1971), 256 Ind. 671, 271 N.E.2d 418.
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