Hardin v. State, 372A124
Decision Date | 06 June 1973 |
Docket Number | No. 372A124,372A124 |
Court | Indiana Supreme Court |
Parties | David HARDIN, Appellant, v. STATE of Indiana, Appellee. |
Appellant has filed a Petition to Transfer from the decision of the Court of Appeals, Second District, found at 287 N.E.2d 359. In its opinion the Court of Appeals affirmed the judgment of the trial court after consideration of two issues: one, the sufficiency of the evidence for a conviction of robbery (I.C. 1971, 35--13--4--6, being Burns § 10--4101); and two, the constitutionality of a confrontation between the accused and the victim which took place shortly after the robbery. (Kirby v. Illinois (1972), 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411; Dillard v. State (1971), Ind., 274 N.E.2d 387). Although we agree with the results reached on both of these issues by the Court of Appeals, we cannot agree with the following section of that opinion.
No court may support its 'finding' on the sufficiency of the evidence of guilt of the accused from matters not received in evidence at trial. The pre-sentence report is compiled by a probation officer from a variety of different sources and usually contains varying degrees of accurate information. It would be violative of due process to use information from this type of report to bolster the in-court testimony on the question of guilt. The use of information in this...
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