Hall v. State, No. 2--1174A276

Docket NºNo. 2--1174A276
Citation166 Ind.App. 55, 333 N.E.2d 913
Case DateSeptember 22, 1975
CourtCourt of Appeals of Indiana

Page 913

333 N.E.2d 913
166 Ind.App. 55
Anthony Wayne HALL, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 2--1174A276.
Court of Appeals of Indiana, Third District.
Sept. 22, 1975.

[166 Ind.App. 56]

Page 914

George A. Purvis, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Alden, Deputy Atty. Gen., Indianapolis, for appellee.

Before STATON, P.J., and GARRARD and HOFFMAN, JJ.

PER CURIAM.

Anthony Wayne Hall, defendant, is appealing his conviction of rape, 1 claiming as error insufficient evidence, the overruling of his motion for change of venue from the county, and restrictive voir dire proceedings.

We affirm.

The facts viewed most favorably to the State reveal that on July 20, 1973, prosecutrix was leaving her home in Indianapolis, Indiana at approximately 3:00 a.m. when defendant[166 Ind.App. 57] approached her with a drawn revolver. Threatening to kill her if she failed to comply, defendant forced her to accompany him on a circuitous route through the neighborhood which eventually led to his home.

Once inside, the prosecutrix was forced to disrobe and perform fellatio upon defendant. She was threatened with a kinfe and made to have sexual intercourse with defendant numerous times. During this time defendant had a knife and told the prosecutrix if she didn't submit, 'he'd rip . . . (her) face.'

On November 9, 1973, defendant was charged by indictment with kidnap and rape. A jury trial resulted in a verdict of guilty of rape and acquittal of the kidnapping charge. On June 21, 1974, defendant was sentenced to a two to twenty-one year term to the Indiana Department of Correction.

Pursuant to Ind. Rules of Procedure, Appellate Rule 8.3(A)(7), defendant consolidates issues (1), (2) and (5) of his motion to correct errors and contends that the State failed to prove the essential element of 'penetration.'

It is well established in Indiana decisional law that penetration, no matter how slight, is an essential element of the crime of rape. Lynch v. State (1974), Ind., 316 N.E.2d 372; Garr v. State (1974), Ind., 312 N.E.2d 70; Ritchie v. State (1963), 243 Ind. 614, 189 N.E.2d 575.

Page 915

Whether or not penetration has occurred is a question of fact to be determined by the jury. See Allbritten v. State (1974), Ind., 317 N.E.2d 854; Weaver v. State (1963), 243 Ind. 560, 187 N.E.2d 485.

When reviewing the sufficiency of the evidence, this Court may not weigh the evidence nor decide questions concerning the credibility of the witnesses. We must look to the evidence most favorable to the State and all reasonable inferences to be drawn therefrom and determine whether there is substantial evidence of probative value from which the trier of fact could reasonably infer [166 Ind.App. 58] that the defendant was guilty beyond a reasonable doubt. Lynch v. State, supra; Maul v. State (1973), Ind.App., 300 N.E.2d 678. In the present case, no explicit testimony was presented relating to penetration. However, the jury heard testimony of the 22-year old mother to the effect that she was forced to have 'actual sexual intercourse' with defendant, who was alternately armed with a revolver and a knife. Additionally, evidence was admitted demonstrating the...

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6 practice notes
  • Omans v. State, No. 3-280A57
    • United States
    • Indiana Court of Appeals of Indiana
    • November 19, 1980
    ...of child molesting. Whether or not penetration has occurred is a question of fact to be determined by the jury. Hall v. State (1975), 166 Ind.App. 55, 333 N.E.2d Defendant was charged with sexually molesting his stepdaughters, Debbie and Mary. With respect to the alleged act of intercourse ......
  • Hall v. State, No. 875S185
    • United States
    • Indiana Supreme Court of Indiana
    • May 10, 1976
    ...was seized at gunpoint outside her home and taken to appellant's residence where she was raped. Hall v. State, (1975) Ind.App., 333 N.E.2d 913. On August, 1, 1973, the body of Jean Crouch was discovered in an abandoned garage in the same neighborhood. The next day, Officer Parnell obtained ......
  • Wheeler v. State, No. 1--675A108
    • United States
    • Indiana Court of Appeals of Indiana
    • February 6, 1976
    ...court into the prohibited area of determining the credibility of the witness. We decline the invitation. Hall v. State (1975), Ind.App., 333 N.E.2d 913. Page Wheeler's third argument cites the sixth amendment for the proposition that he was entitled to a fair trial by an impartial jury, and......
  • Indiana Dept. of State Revenue v. Harrison Steel Castings Co., No. 1-1179-A-317
    • United States
    • Indiana Court of Appeals of Indiana
    • April 1, 1980
    ...the statute must be strictly construed against the taxpayer. Indiana Dept. of State Revenue, Sales Tax Div. v. RCA Corp., (1974) 166 Ind.App. 55, 310 N.E.2d 96; Indiana Department of State Revenue, Gross Income Tax Div. v. American Dairy of Evansville, Inc., (1975) Ind.App., 338 N.E.2d Page......
  • Request a trial to view additional results
6 cases
  • Omans v. State, No. 3-280A57
    • United States
    • Indiana Court of Appeals of Indiana
    • November 19, 1980
    ...of child molesting. Whether or not penetration has occurred is a question of fact to be determined by the jury. Hall v. State (1975), 166 Ind.App. 55, 333 N.E.2d Defendant was charged with sexually molesting his stepdaughters, Debbie and Mary. With respect to the alleged act of intercourse ......
  • Hall v. State, No. 875S185
    • United States
    • Indiana Supreme Court of Indiana
    • May 10, 1976
    ...was seized at gunpoint outside her home and taken to appellant's residence where she was raped. Hall v. State, (1975) Ind.App., 333 N.E.2d 913. On August, 1, 1973, the body of Jean Crouch was discovered in an abandoned garage in the same neighborhood. The next day, Officer Parnell obtained ......
  • Wheeler v. State, No. 1--675A108
    • United States
    • Indiana Court of Appeals of Indiana
    • February 6, 1976
    ...court into the prohibited area of determining the credibility of the witness. We decline the invitation. Hall v. State (1975), Ind.App., 333 N.E.2d 913. Page Wheeler's third argument cites the sixth amendment for the proposition that he was entitled to a fair trial by an impartial jury, and......
  • Indiana Dept. of State Revenue v. Harrison Steel Castings Co., No. 1-1179-A-317
    • United States
    • Indiana Court of Appeals of Indiana
    • April 1, 1980
    ...the statute must be strictly construed against the taxpayer. Indiana Dept. of State Revenue, Sales Tax Div. v. RCA Corp., (1974) 166 Ind.App. 55, 310 N.E.2d 96; Indiana Department of State Revenue, Gross Income Tax Div. v. American Dairy of Evansville, Inc., (1975) Ind.App., 338 N.E.2d Page......
  • Request a trial to view additional results

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