Glover v. State, No. 2--1272A139

Docket NºNo. 2--1272A139
Citation300 N.E.2d 902, 157 Ind.App. 532
Case DateSeptember 13, 1973
CourtCourt of Appeals of Indiana

Page 902

300 N.E.2d 902
157 Ind.App. 532
Mary K. GLOVER, Appellant (Defendant Below),
v.
STATE of Indiana, Appellee (Plaintiff Below).
No. 2--1272A139.
Court of Appeals of Indiana, Third District.
Sept. 13, 1973.
Rehearing Denied Oct. 15, 1973.

[157 Ind.App. 533] Ferd Samper, Jr., Ferdinand Samper, Sr., Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

I.

STATEMENT ON THE APPEAL

Mary K. Glover was indicted for first degree arson. A vacant house at 3521 Caroline Street in Indianapolis, Indiana had been burned on the outside, south of the front entrance. Gasoline had been poured on the floor of the living room and on the outside of the house. The trial court found Mary K. Glover guilty of attempted arson which is an includable offense and sentenced her to six months at the Indiana Women's Prison.

Her motion to correct errors raises only one issue to be considered on appeal: sufficiency of the evidence to support the conviction by the trial court.

Our opinion concludes that the evidence was sufficient to support the conviction by the trial court. We affirm.

[157 Ind.App. 534]

Page 903

II.
STATEMENT OF THE FACTS

Mrs. Johnnie Duke lived at 3525 Caroline Street, Indianapolis, Indiana. At about 1:00 o'clock A.M. on September 16, 1969, she saw Mary K. Glover about to leave the yard of a vacant house at 3521 Caroline Street which was owned by a Raymond Wheeler. Within the next few minutes, Mrs. Duke saw Mary K. Glover make at least two more trips from her own home, located across the street, to the vacant house. Each time, Mary Glover disappeared behind some shrubbery located just in front of the vacant house. At no time did Mrs. Duke see Mary K. Glover carry anything with her which might have been used in setting the fire. Each of Mrs. Duke's observations were made from her kitchen window.

After these observations, Mrs. Duke called a neighbor, Mrs. Estelle Grady, and reported to her the strange behavior of Mary K. Glover. Later, Mrs. Duke awakened her husband, Jim Duke. She further testified that she did not see Mary K. Glover again until after the Fire Department arrived to extinguish the fire, but she did hear Mary K. Glover scream after her husband had fired a warning shot with his pistol.

Mr. Jim Duke, Mrs. Duke's husband, testified that he too saw Mary Glover go from her house toward the vacant house. He saw her disappear behind the shrubbery and then subsequently reappear and return to her own home. Mr. Duke fired a warning shot with his pistol and saw Mary Glover jump as if startled. He further testified that the fire erupted three to five seconds after he fired the warning shot.

The Duke's neighbor, Mrs. Estelle Grady, stated in her testimony that after her attention was aroused by the call from Mrs. Duke, she did not see Mary Glover until after Mr. Duke's warning shot. Mary Glover was in her own yard.

Additionally, the Dukes and Mrs. Grady related that other fires had been set in the neighborhood. In later testimony, [157 Ind.App. 535] it was brought out that one of these fires was in a home next to Mary Glover's; another was in Mary Glover's home; and a third was in the home of Mary Glover's mother; each of the foregoing fires were of an incendiary origin. On cross-examination, Mary Glover admitted that she had been questioned by Fire Department officials concerning each of these fires. Earl Fullenwider of the Indianapolis Fire Department testified that when he arrived at the vacant house fire, a noticeable odor of gasoline emanated from both the outside and inside of the house. Fullenwider stated that the fire was of incendiary origin in his opinion.

In her defense, Mary Glover testified that she was in her home asleep at the time that she was supposedly seen traveling between the scene of the fire and her own home. Charles Glover, Mary Glover's brother-in-law who was living with Mary Glover and her husband at the time of the fire, testified that upon returning home he heard fire trucks approaching the area. He awoke his brother and Mary Glover. He admitted that he could not be certain that Mary Glover was asleep when he arrived home. He further testified that Mary Glover's nightgown was similar to that described by Mrs. Duke.

Mary Glover was indicted for first degree arson, found guilty by the trial court of attempted arson, and sentenced to six months at the Indiana Women's Prison.

III.

STATEMENT OF THE ISSUE

The only issue before this Court on appeal is whether the evidence in the record is sufficient to support the conviction of Mary Glover for attempted arson.

[157 Ind.App. 536]

Page 904

IV.
STATEMENT OF THE LAW

This Court will not weigh the evidence nor determine questions concerning the credibility of witnesses when reviewing the evidence. We will look only to that evidence most favorable to...

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13 practice notes
  • Cloman v. State, No. 4489
    • United States
    • United States State Supreme Court of Wyoming
    • January 31, 1978
    ...Atkins v. State (1974), 159 Ind.App. 387, 307 N.E.2d 73; McAfee v. State (1973), 259 Ind. 687, 291 N.E.2d 554; Glover v. State (1973), 157 Ind.App. 532, 300 N.E.2d PREMEDITATED MURDER Applying those rules, we believe the recitation of facts and circumstances set out above, together with rea......
  • Williams v. State, No. 1-880A220
    • United States
    • Indiana Court of Appeals of Indiana
    • January 27, 1981
    ...Our standard of review in determining the adequacy of such evidence to sustain a conviction was set forth in Glover v. State, (1973) 157 Ind.App. 532, 300 N.E.2d 902. "This Court will not weigh the evidence nor determine questions concerning the credibility of witnesses when reviewing ......
  • Windle v. State, No. 2--973A208
    • United States
    • Indiana Court of Appeals of Indiana
    • August 29, 1974
    ...412; Atkins v. State (1974), Ind.App., 307 N.E.2d 73; Strode v. State (1973), Ind.App., 304 N.E.2d 549; Glover v. State (1973), Ind.App., 300 N.E.2d 902; Miller v. State (1972), Ind.App., 285 N.E.2d 843. The evidence circumstantial most favorable to the State was sufficient to support reaso......
  • Knowlton v. State, No. 3-578A113
    • United States
    • Indiana Court of Appeals of Indiana
    • November 29, 1978
    ...example of a case wherein the circumstantial evidence established more than a mere opportunity or suspicion, See Glover v. State (1973), 157 Ind.App. 532, 300 N.E.2d 4 We do not agree with Knowlton that an actual "penetration" is necessary to consummate the act of fellatio. Rather......
  • Request a trial to view additional results
13 cases
  • Cloman v. State, No. 4489
    • United States
    • United States State Supreme Court of Wyoming
    • January 31, 1978
    ...Atkins v. State (1974), 159 Ind.App. 387, 307 N.E.2d 73; McAfee v. State (1973), 259 Ind. 687, 291 N.E.2d 554; Glover v. State (1973), 157 Ind.App. 532, 300 N.E.2d PREMEDITATED MURDER Applying those rules, we believe the recitation of facts and circumstances set out above, together with rea......
  • Williams v. State, No. 1-880A220
    • United States
    • Indiana Court of Appeals of Indiana
    • January 27, 1981
    ...Our standard of review in determining the adequacy of such evidence to sustain a conviction was set forth in Glover v. State, (1973) 157 Ind.App. 532, 300 N.E.2d 902. "This Court will not weigh the evidence nor determine questions concerning the credibility of witnesses when reviewing ......
  • Windle v. State, No. 2--973A208
    • United States
    • Indiana Court of Appeals of Indiana
    • August 29, 1974
    ...412; Atkins v. State (1974), Ind.App., 307 N.E.2d 73; Strode v. State (1973), Ind.App., 304 N.E.2d 549; Glover v. State (1973), Ind.App., 300 N.E.2d 902; Miller v. State (1972), Ind.App., 285 N.E.2d 843. The evidence circumstantial most favorable to the State was sufficient to support reaso......
  • Knowlton v. State, No. 3-578A113
    • United States
    • Indiana Court of Appeals of Indiana
    • November 29, 1978
    ...example of a case wherein the circumstantial evidence established more than a mere opportunity or suspicion, See Glover v. State (1973), 157 Ind.App. 532, 300 N.E.2d 4 We do not agree with Knowlton that an actual "penetration" is necessary to consummate the act of fellatio. Rather......
  • Request a trial to view additional results

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