Grecco v. State, No. 29800

Docket NºNo. 29800
Citation166 N.E.2d 180, 240 Ind. 584
Case DateApril 18, 1960
CourtSupreme Court of Indiana

Page 180

166 N.E.2d 180
240 Ind. 584
Gerald GRECCO, Appellant,
v.
STATE of Indiana, Appellee.
No. 29800.
Supreme Court of Indiana.
April 18, 1960.

[240 Ind. 586]

Page 181

Dan C. Flanagan, James P. Murphy, Flanagan & McCain, Fort Wayne, for appellant.

Edwin K. Steers, Atty. Gen., Owen S. Boling, Asst. Atty. Gen., Patrick D. Sullivan, Deputy Atty. Gen., for appellee.

LANDIS, Judge.

Appellant was charged with the crime of inflicting physical injury in the commission of robbery and after a trial by jury was convicted and sentenced to life imprisonment. He appeals from the judgment of conviction and assigns as error the overruling of his motion for new trial.

Appellant contends among other things that the verdict was not sustained by sufficient evidence and was contary to law. Appellant states that the following three elements are essential to be established in order to constitute the offense charged against appellant, viz:

(1) Injury to the person of Dora Barrone,

(2) by a bludgeon held in the hands of appellant,

(3) during the course of a robbery by him.

The evidence favorable to appellee shows that appellant and one Linius Barrone (a nephew of the victimized person Dora Barrone), on the night of February 4, 1956, borrowed a car belonging to Linius's wife in Chicago for the alleged purpose of collecting a debt in another city; that appellant and Linius Barrone did not return home until mid-morning of the following day, February 5; that the same car was seen in front of Dora Barrone's home in the town of Monroeville, Allen County, Indiana, in the early morning hours of February 5; that the said Dora Barrone was a 69 [240 Ind. 587] year old single woman living by herself in a house in said Monroeville, Indiana; that on the night of February 4, appellant and Linius had gone to the said home of Dora Barrone; that Linius had on said night of February 4, 1956, demanded money of Dora Barrone and had been

Page 182

given $15; that early on the morning of February 5, Linius, in the company of appellant, had returned to the home of Dora Barrone; that while appellant and Linius were in her presence, she was tripped by appellant and fell heavily to the floor; that appellant took from her bedding her revolver which was later found by the officers in Linius Barrone's Chicago home; that Linius beat Dora Barrone with a billy club he had picked up in the house, and which was later found near a pool of blood in Dora's home; that he used his feet on her to inflict further injury; that after taking money from her person, Linius Barrone and appellant fled; that Dora Barrone was found about 4:00 p. m. on February 5, in an unconscious state and in a pool of blood suffering from severe injuries to her head and body.

There is no question that the above evidence was sufficient to prove (1) the injury to Dora Barrone and that (2) the same occurred during the course of a robbery by appellant. Appellant argues the evidence is not sufficient to show a striking of Dora Barrone by appellant with a bludgeon or club.

Burns' § 9-102 (1956 Replacement), 1 provides:

'Every person who shall aid or abet in the commission of a felony, or who shall counsel, encourage, hire, command, or otherwise procure a felony to be committed, may be charged by indictment or affidavit, tried and convicted in the same manner as if he were a principal, either before or after the principal offender is charged, indicted or convicted; [240 Ind. 588] and, upon such conviction he shall suffer the same punishment and penalties as are prescribed by law for the punishment of the principal.'

The case of Breaz v. State, 1938, 214 Ind. 31, 34, 13 N.E.2d 952, 953, construes the above statute as follows:

'There can be no doubt of the general rule of law, that a person engaged in the commission of an unlawful act is legally responsible for all the consequences which may naturally or necessarily flow from it, and that, if he combines and confederates with others to accomplish an illegal purpose, he is liable criminaliter for everything done by his confederates which follows incidentally in the execution of the common design, as one of its probable and...

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17 practice notes
  • Lawson v. State, No. 1177S797
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Noviembre 1980
    ...principle of law in this State. See Prather v. State, (1969) 252 Ind. 141, 246 N.E.2d 479; Grecco v. State, (1960) 240 Ind. 584, 166 N.E.2d 180, 167 N.E.2d 714 cert. denied, 364 U.S. 893, 81 S.Ct. 227, 5 L.Ed.2d 191; Bays v. State, (1959) 240 Ind. 37, [274 Ind. 423] 159 N.E.2d 393, cert. de......
  • Antrobus v. State, No. 169S6
    • United States
    • Indiana Supreme Court of Indiana
    • 3 Febrero 1970
    ...58 Am. Jur. Witnesses § 134.' 237 Ind. at 223, 143 N.E.2d at 654. [253 Ind. 436] See also Grecco v. State (1960), 240 Ind. 584, 166 N.E.2d 180, 167 N.E.2d 714; Carpenter v. Dame (1858), 10 Ind. Due to the nature of the objection to the witness' competency in this case, an examination which ......
  • Newton v. State, No. 2-283A65
    • United States
    • Indiana Court of Appeals of Indiana
    • 29 Noviembre 1983
    ...insane at the time they are offered as witnesses are not competent witnesses. However, in Grecco v. State, (1960) 240 Ind., 584, 589, 166 N.E.2d 180, 182 our supreme court "[W]hile the statute makes an insane person incompetent as a witness, the modern view which is now prevalent and suppor......
  • Loper v. Standard Oil Co., No. 20373
    • United States
    • Indiana Court of Appeals of Indiana
    • 29 Noviembre 1965
    ...are not required to do.' See also Coleman, Ransom v. State (1961), 241 Ind. 663, 175 N.E.2d 25 and Grecco v. State (1960), 240 Ind. 584, 166 N.E.2d 180, 167 N.E.2d 714. The appellant does not need to set forth the lease in 'haec verba', but only those parts which concern the question. Motor......
  • Request a trial to view additional results
17 cases
  • Lawson v. State, No. 1177S797
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Noviembre 1980
    ...principle of law in this State. See Prather v. State, (1969) 252 Ind. 141, 246 N.E.2d 479; Grecco v. State, (1960) 240 Ind. 584, 166 N.E.2d 180, 167 N.E.2d 714 cert. denied, 364 U.S. 893, 81 S.Ct. 227, 5 L.Ed.2d 191; Bays v. State, (1959) 240 Ind. 37, [274 Ind. 423] 159 N.E.2d 393, cert. de......
  • Antrobus v. State, No. 169S6
    • United States
    • Indiana Supreme Court of Indiana
    • 3 Febrero 1970
    ...58 Am. Jur. Witnesses § 134.' 237 Ind. at 223, 143 N.E.2d at 654. [253 Ind. 436] See also Grecco v. State (1960), 240 Ind. 584, 166 N.E.2d 180, 167 N.E.2d 714; Carpenter v. Dame (1858), 10 Ind. Due to the nature of the objection to the witness' competency in this case, an examination which ......
  • Newton v. State, No. 2-283A65
    • United States
    • Indiana Court of Appeals of Indiana
    • 29 Noviembre 1983
    ...insane at the time they are offered as witnesses are not competent witnesses. However, in Grecco v. State, (1960) 240 Ind., 584, 589, 166 N.E.2d 180, 182 our supreme court "[W]hile the statute makes an insane person incompetent as a witness, the modern view which is now prevalent and suppor......
  • Loper v. Standard Oil Co., No. 20373
    • United States
    • Indiana Court of Appeals of Indiana
    • 29 Noviembre 1965
    ...are not required to do.' See also Coleman, Ransom v. State (1961), 241 Ind. 663, 175 N.E.2d 25 and Grecco v. State (1960), 240 Ind. 584, 166 N.E.2d 180, 167 N.E.2d 714. The appellant does not need to set forth the lease in 'haec verba', but only those parts which concern the question. Motor......
  • Request a trial to view additional results

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