Glover v. State, No. 567

Docket NºNo. 567
Citation253 Ind. 536, 255 N.E.2d 657
Case DateFebruary 26, 1970
CourtSupreme Court of Indiana

Page 657

255 N.E.2d 657
253 Ind. 536
Paul GLOVER, Appellant,
v.
STATE of Indiana, Appellee.
No. 567 S 7.
Supreme Court of Indiana.
Feb. 26, 1970.

[253 Ind. 537]

Page 658

Robert G. Mann, Bolden & Mann, Indianapolis, for appellant.

Theodore Sendak (present Atty. Gen.), John J. Dillon (former Atty. Gen.), Duejean C. Garrett, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Judge.

This is an appeal from a conviction for second degree murder in a trial by jury in Marion County Criminal Court, No. 2. Appellant was sentenced to life imprisonment.

Appellant's first allegation of error is that there was insufficient evidence to sustain the verdict of guilty. In reviewing this allegation we do not weight the evidence nor resolve questions of credibility, but we look to that evidence and the reasonable inferences therefrom which support the verdict. Of course, we exclude from consideration any evidence that was introduced to impeach the credibility of a witness. Such evidence is not substantive evidence. McAdams v. State (1948), 226 Ind. 403, 81 N.E.2d 671. The conviction will be affirmed if from that viewpoint there is evidence of probative value from which a reasonable trier of fact could infer that appellant was guilty beyond a reasonable doubt. Fair v. State (1969), Ind., 250 N.E.2d 744.

The evidence showed that at approximately 1:45 A.M., October 9, 1966, the dead body of one, Harlen Henson, a twenty-one year old United States soldier, was found near some trash barrels at the rear of Segal's Tavern, 2136 W. Morris Street, located on the northeast corner of West Morris and North Sheffield Streets in Indianapolis, Indiana.

Dr. Robert C. Ransburg, a deputy coroner for Marion County, testified that the victim Henson, died from a stab wound severing his aorta. He further testified that it appeared that the body had been drug over to the trash barrels. [253 Ind. 538] This conclusion was due to certain lacerations on the body, the presence of dirt and grass on the body and the disheveled nature of the victim's clothing.

The appellant, his brother Danny Glover, and his brother's fiance Julie Overton, age eighteen years, went to Segal's Tavern at about midnight October 8, 1966, after having a few drinks at another nightspot earlier in the evening.

At Segal's Tavern they were in the company of appellant's mother and aunt. The witness, Julie Overton, testified that she left the premises to call a cab approximately an hour and a half after their arrival. She went to a public phone booth on Morris Street just east of the parking lot on the east side of the tavern. Before Julie Overton could complete her call appellant

Page 659

approached her and asked her not to take a cab home. She then left the phone booth with him. At this time two men approached, one of them the victim, Harlen Henson. The two men evidently told appellant to leave her alone and according to the witness, they were 'roughing up' the appellant when his brother came out and struck Henson. At this time a police car arrived at the scene. It appears that at the sight of the police car everyone fled with exception of the appellant's brother and Julie Overton. The police advised the pair to go on home and when the police car left they began walking through the parking lot...

To continue reading

Request your trial
127 practice notes
  • Fleenor v. State, No. 1184
    • United States
    • Indiana Supreme Court of Indiana
    • October 13, 1987
    ...will look to that evidence and the reasonable inferences therefrom which support the verdict of the trial court. Glover v. State (1970), 253 Ind. 536, 255 N.E.2d The conviction will be affirmed if from that viewpoint there is evidence of probative value from which a reasonable trier of fact......
  • Bieghler v. State, No. 1183S409
    • United States
    • Indiana Supreme Court of Indiana
    • July 31, 1985
    ...that Appellant was present at the victims' trailer and had an opportunity to commit these crimes. He cites us to Glover v. State, (1970) 253 Ind. 536, 255 N.E.2d 657 [Justices Givan and Arterburn dissenting] and Manlove v. State, (1968) 250 Ind. 70, 232 N.E.2d 874, reh. denied 250 Ind. 70, ......
  • Rogers v. State, No. 1072S143
    • United States
    • Indiana Supreme Court of Indiana
    • September 4, 1974
    ...same technique utilized in cases where prior inconsistent statements are admitted for the purpose of impeachment. Glover v. State (1970), 253 Ind. 536, 255 N.E.2d 657; McAdams v. State (1948), 226 Ind. 403, 81 N.E.2d 671; Parker v. State (1925), 196 Ind. 534, 149 N.E. 59; Bridges v. Wixon (......
  • Shanholt v. State, No. 3-582A106
    • United States
    • Indiana Court of Appeals of Indiana
    • April 27, 1983
    ...to the actual questions asked or answers given by Suntheimer. 4 Impeachment evidence is not substantive evidence. Glover v. State (1970), 253 Ind. 536, 255 N.E.2d...
  • Request a trial to view additional results
127 cases
  • Fleenor v. State, No. 1184
    • United States
    • Indiana Supreme Court of Indiana
    • October 13, 1987
    ...will look to that evidence and the reasonable inferences therefrom which support the verdict of the trial court. Glover v. State (1970), 253 Ind. 536, 255 N.E.2d The conviction will be affirmed if from that viewpoint there is evidence of probative value from which a reasonable trier of fact......
  • Bieghler v. State, No. 1183S409
    • United States
    • Indiana Supreme Court of Indiana
    • July 31, 1985
    ...that Appellant was present at the victims' trailer and had an opportunity to commit these crimes. He cites us to Glover v. State, (1970) 253 Ind. 536, 255 N.E.2d 657 [Justices Givan and Arterburn dissenting] and Manlove v. State, (1968) 250 Ind. 70, 232 N.E.2d 874, reh. denied 250 Ind. 70, ......
  • Rogers v. State, No. 1072S143
    • United States
    • Indiana Supreme Court of Indiana
    • September 4, 1974
    ...same technique utilized in cases where prior inconsistent statements are admitted for the purpose of impeachment. Glover v. State (1970), 253 Ind. 536, 255 N.E.2d 657; McAdams v. State (1948), 226 Ind. 403, 81 N.E.2d 671; Parker v. State (1925), 196 Ind. 534, 149 N.E. 59; Bridges v. Wixon (......
  • Shanholt v. State, No. 3-582A106
    • United States
    • Indiana Court of Appeals of Indiana
    • April 27, 1983
    ...to the actual questions asked or answers given by Suntheimer. 4 Impeachment evidence is not substantive evidence. Glover v. State (1970), 253 Ind. 536, 255 N.E.2d...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT