Gye v. State, 1281S362
| Decision Date | 10 November 1982 |
| Docket Number | No. 1281S362,1281S362 |
| Citation | 441 N.E.2d 436 |
| Parties | Sam GYE, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
| Court | Indiana Supreme Court |
P. Jeffrey Schlesinger, Rivera, Schlesinger & de la Torre, East Chicago, for appellant.
Linley E. Pearson, Atty. Gen. of Indiana, Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant (Appellant) was convicted of Second Degree Murder, Ind.Code Sec. 35-1-54-1 (Burns 1975) and was sentenced to an indeterminate sentence of from fifteen (15) to twenty-five (25) years imprisonment.
At about 10:30 p.m. on January 27, 1977, David Cooke was driving his tow-truck on Interstate 80 when an automobile immediately ahead of him veered off into a snow bank. Cooke stopped his truck and approached the driver's side of the automobile. The window opened a few inches and Cooke saw, by the illumination of the dome light, a male kneeling on the front seat and facing the back seat. This male, identified at trial as the defendant, had his left hand raised in a fist and his right hand resting on the back of the front seat. Defendant responded affirmatively to Cooke's question about whether he wanted his automobile removed from the snow. Cooke also saw a woman lying on the back seat and heard her say "help me, he's trying to kill me."
As Cooke began to tow the car out of the snow bank, this woman left the car and started to run towards a nearby highway entrance ramp. Defendant ran after her and finally caught up to her as she stopped an automobile on the ramp and struggled to gain admission. Defendant pushed the woman into this automobile and told Masedino Vasquez, the driver, to "get her to a hospital right away." The defendant then disappeared without returning to his vehicle.
Vasquez drove to Methodist Hospital in Gary. While driving, he noticed that his passenger was bleeding and was breathing heavily. He asked her what had happened and she responded that her husband had tried to kill her with an ice pick. She did not say when this attempt had taken place and added her thanks to Vasquez for "saving my life." She repeated this "thanks" periodically during the thirty-five to forty-five minute trip, and also repeatedly asked Vasquez to hurry to the hospital.
At the hospital emergency room, Dr. William Mott asked the victim what had happened. She responded that she had been in a fight with her husband, Sam (defendant). She was calm and coherent during treatment but repeatedly asked "Am I going to die?" The victim expired about thirty-five minutes after her arrival at the hospital. A pathologist testified that the cause of death was a massive internal hemorrhage resulting from multiple (approximately 50) stab wounds to her left chest.
This belated direct appeal presents three issues, all of which are challenges to the admission into evidence of statements made by the decedent, over timely objections that they were inadmissible hearsay.
The rule permitting a spontaneous declaration to be admitted into evidence, as an exception to the hearsay rule, is based upon the rationale that such a declaration from one who has recently suffered an overpowering experience is likely to be truthful. Such evidence is limited to declarations created by, or emanating from the litigated act,...
To continue reading
Request your trial
-
Jackson v. State
...1201, 1204 (Ind. 2000). Whether the statements were made in response to inquiries is also a relevant consideration. Gye v. State, 441 N.E.2d 436, 438 (Ind. 1982). Regardless, the statement must be unrehearsed and made while still under the stress of excitement from the startling event. Yamo......
-
Anderson v. State, 583S179
...spontaneity. Similarly, that the statements were made in response to inquiries is also only one factor to be considered." Gye v. State, (1982) Ind., 441 N.E.2d 436, 437. The statement provided by Gray fits clearly within this exception as outlined in Gye. The court did not err in the admiss......
-
Holmes v. State, 284S64
...and Gore testimony. The court determined the testimony fell within the excited utterance exception to the hearsay rule. In Gye v. State (1982), Ind., 441 N.E.2d 436, this Court summarized the law in this "The rule permitting a spontaneous declaration to be admitted into evidence, as an exce......
-
Hardiman v. State
...exception is that such a declaration from one who has recently suffered an overpowering experience is likely to be truthful. Gye v. State, 441 N.E.2d 436 (Ind.1982). While the event and the utterance need not be absolutely contemporaneous, lapse of time is a factor to consider in determinin......