Grimm v. State, No. 868

Docket NºNo. 868
Citation258 N.E.2d 407, 254 Ind. 150, 21 Ind.Dec. 349
Case DateMay 26, 1970
CourtSupreme Court of Indiana

Page 407

258 N.E.2d 407
254 Ind. 150
Gary GRIMM, Appellant,
v.
STATE of Indiana, Appellee.
No. 868 S 130.
Supreme Court of Indiana.
May 26, 1970.

[254 Ind. 151]

Page 408

James W. Bradford, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen. of Indiana, Kenneth M. McDermott, Deputy Atty. Gen., Indianapolis, for appellee.

JACKSON, Judge.

Appellant was charged by indictment with the crime of statutory rape, said indictment in pertinent part reads as follows:

'The Grand Jury for the County of Marion in the State of Indiana, upon their oath do present that GARY GRIMM on or about the 1st day of SEPTEMBER, A.D. 1967, at and in the County of Marion and in the State of Indiana, did then and there unlawfully and feloniously make an assault in and upon one KATHLEEN BROSNAN (sic) then and there being a female child under the age of Sixteen (16) years, to-wit: of the age of Fifteen (15) years, and she then and there not being the wife of the said GARY GRIMM and did then and there feloniously and unlawfully ravish and carnally know her, the said KATHLEEN BROSNAN (sic), then and there being contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Indiana.'

On October 25, 1967, appellant waived arraignment to the above-mentioned charge and entered a plea of not guilty. Trial by jury was had beginning March 26, 1968. On March 27, 1968, the jury returned its verdict finding appellant '* * * guilty of the crime of Rape as charged in the indictment * * *.' The court thereupon ordered a pre-commitment investigation made, the same being set for consideration on April 11, 1968. Judgment was rendered on the verdict on April 12, 1968. The court, on the verdict of the jury, found appellant guilty of the crime of rape and sentenced him to the Indiana State Reformatory for not less than two nor more than 21 years.

A motion for new trial was filed by appellant on May 9, 1968, said motion reading in pertinent part as follows:

'Comes now the Defendant, Gary Grimm, with his public defender, in the above entitled cause of action and moves the Court for a New Trial, for the following reasons, to-wit:

[254 Ind. 152] 1. That the verdict of the Jury was not sustained by sufficient evidence.

2. That the verdict of the Jury was contrary to law.

WHEREFORE, the defendant moves the court for a new trial of the cause herein.'

Appellant's motion for new trial was overruled May 9, 1968. His sole Assignment of Error is that:

'1. The Court erred in overruling appellant's motion for a new trial, which motion was based upon the fact that there was not sufficient evidence to convict the appellant by the Jury and that such verdict by the Jury was contrary to Law.'

From the evidence adduced at trial it appears that on or about September 1, 1967, Kathleen Brosman, a child of fifteen years of age, saw appellant at the Huddle Restaurant (located at 56th and Illinois Streets in the City of Indianapolis) at approximately

Page 409

9:45 p.m. She knew appellant slightly, having previously made his acquaintance through a friend of hers; she also knew appellant's former wife, and had baby-sat for her on a couple of occasions prior to the date in question. Miss Brosman asked appellant if he could take her home, and the latter agreed to do so. On the way they stopped at a liquor store in Broad Ripple and appellant purchased some liquor and beer. Instead of then proceeding to Miss Brosman's home, appellant drove to a house located at 847 W. 53rd Street. The complainant waited in the car while appellant went into the house. He returned a short time thereafter, and the couple then proceeded to a service station at the corner of 46th and Illinois Streets. After the complainant had used the restroom facilities therein, appellant drove her back to the above-mentioned residence. He invited her inside, and upon entering the discovered that no one else was present. She insisted that she be taken home. Instead, appellant disregarded her...

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44 practice notes
  • Stroud v. State, No. 570S107
    • United States
    • Indiana Supreme Court of Indiana
    • October 15, 1971
    ...Ind., 271 N.E.2d 888; Davis v. State (1971), handed down August Page 846 9, 1971, Ind., 271 N.E.2d 893; Grimm v. State (1970), Ind., 258 N.E.2d 407; Sharp v. State (1970), Ind., 260 N.E.2d 593; Smith v. State (1970), Ind., 260 N.E.2d 558; and Langley v. State (1968), 250 Ind. 29, 232 N.E.2d......
  • Hart v. State, No. 272A69
    • United States
    • Indiana Court of Appeals of Indiana
    • August 1, 1972
    ...or jury. Washington v. State (1971), Ind., 271 N.E.2d 888; Davis v. State (1971), Ind., 271 N.E.2d 893; Grimm v. State (1970), Ind., 258 N.E.2d 407; Sharp v. State (1970), Ind., 260 N.E.2d 593; Smith v. State (1970), Ind., 260 N.E.2d 558; and Langley v. State (1968), 250 Ind. 29, 232 N.E.2d......
  • Banks v. State, No. 969S214
    • United States
    • Indiana Supreme Court of Indiana
    • December 16, 1971
    ...only the evidence most favorable to the State with all reasonable inferences which may be drawn therefrom. Grimm v. State (1970), Ind., 258 N.E.2d 407. Considering only the evidence most favorable to the State and all reasonable inferences to be drawn therefrom, we find the following circum......
  • Berry v. State, No. 372A141
    • United States
    • Indiana Court of Appeals of Indiana
    • October 3, 1972
    ...be drawn therefrom. Washington v. State (1971), Ind., 271 N.E.2d 888; Davis v. State (1971), Ind., 271 N.E.2d 893; Grimm v. State (1970), 254 Ind. 150, 258 N.E.2d 407. Furthermore, the conviction will not be disturbed if there is substantial evidence of probative value from which the trier ......
  • Request a trial to view additional results
44 cases
  • Stroud v. State, No. 570S107
    • United States
    • Indiana Supreme Court of Indiana
    • October 15, 1971
    ...Ind., 271 N.E.2d 888; Davis v. State (1971), handed down August Page 846 9, 1971, Ind., 271 N.E.2d 893; Grimm v. State (1970), Ind., 258 N.E.2d 407; Sharp v. State (1970), Ind., 260 N.E.2d 593; Smith v. State (1970), Ind., 260 N.E.2d 558; and Langley v. State (1968), 250 Ind. 29, 232 N.E.2d......
  • Hart v. State, No. 272A69
    • United States
    • Indiana Court of Appeals of Indiana
    • August 1, 1972
    ...or jury. Washington v. State (1971), Ind., 271 N.E.2d 888; Davis v. State (1971), Ind., 271 N.E.2d 893; Grimm v. State (1970), Ind., 258 N.E.2d 407; Sharp v. State (1970), Ind., 260 N.E.2d 593; Smith v. State (1970), Ind., 260 N.E.2d 558; and Langley v. State (1968), 250 Ind. 29, 232 N.E.2d......
  • Banks v. State, No. 969S214
    • United States
    • Indiana Supreme Court of Indiana
    • December 16, 1971
    ...only the evidence most favorable to the State with all reasonable inferences which may be drawn therefrom. Grimm v. State (1970), Ind., 258 N.E.2d 407. Considering only the evidence most favorable to the State and all reasonable inferences to be drawn therefrom, we find the following circum......
  • Berry v. State, No. 372A141
    • United States
    • Indiana Court of Appeals of Indiana
    • October 3, 1972
    ...be drawn therefrom. Washington v. State (1971), Ind., 271 N.E.2d 888; Davis v. State (1971), Ind., 271 N.E.2d 893; Grimm v. State (1970), 254 Ind. 150, 258 N.E.2d 407. Furthermore, the conviction will not be disturbed if there is substantial evidence of probative value from which the trier ......
  • Request a trial to view additional results

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