Hardin v. State, No. 30422

Docket NºNo. 30422
Citation201 N.E.2d 333, 246 Ind. 23
Case DateOctober 05, 1964
CourtSupreme Court of Indiana

Page 333

201 N.E.2d 333
246 Ind. 23
Fred W. HARDIN, Appellant,
v.
STATE of Indiana, Appellee.
No. 30422.
Supreme Court of Indiana.
Oct. 5, 1964.
Rehearing Denied Nov. 18, 1964.

[246 IND 24]

Page 334

M. Walter Bell, Indianapolis, for appellant.

Edwin K. Steers, Atty. Gen., David S. Wedding, Deputy Atty. Gen., for appellee.

LANDIS, Justice.

Appellant was charged by affidavit in three (3) counts with: (1) robbery, (2) grand larceny, and (3) automobile banditry. After a trial by jury appellant was convicted of grand larceny and automobile banditry and was finded in the sum of $500.00 and sentenced for a term of one (1) to ten (10) years in the Indiana State Prison. This appeal followed the overruling of his motion for new trial.

[246 IND 25] Appellant first contends the jury's verdict is not sustained by sufficient evidence.

The evidence favorable to the state is that Frank Ebner, an employee of the Marion County Treasurer's office, on February 2, 1962, at about 9 a. m. was walking in the city of Indianapolis to the bank to deposit certain checks and cash receipts from the treasurer's office when he was accosted by two men. Ebner testified one of the two men jerked the black grip, which contained the money and checks, out of his hand and that as he was pulled around by the force of the jerk he saw two men running down the parking lot toward Virginia Avenue.

Larry Storms, a parking lot attendant, stated that on February 2, 1962, at about 9 a. m. he saw appellant and another man run through the parking lot (the same lot the witness Ebner saw the men running through), and that appellant was carrying a black bag under his coat. He identified appellant in the court room as the man running through the parking lot with the bag. He also testified they ran down the alley, got into a car and drove away.

Rosie McDuff testified she saw appellant at her house on February 2, 1962, with what appeard to be a bag under his arm. She further stated that when appellant saw the police coming, gave her money that was bound with a rubber band.

There was further evidence from officer Davenport as to appellant's oral confession of the crime wherein appellant allegedly stated that George Sneed and Bad Foot Stanley (Rutland) participated with him in the robbery of Frank Ebner of February 2, 1962; that it was not appellant's idea to commit the robbery but that he was more or less called in to help; that Rosie McDuff didn't have anything to do with it but that she...

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11 practice notes
  • Snyder v. State, No. 3-477A97
    • United States
    • Indiana Court of Appeals of Indiana
    • 30 Agosto 1979
    ...of the accused. Mendez v. State (1977), Ind., 367 N.E.2d 1081; Carmon v. State (1976), 265 Ind. 1, 349 N.E.2d 167; Hardin v. State (1964), 246 Ind. 23, 201 N.E.2d Snyder first argues that there is a total lack of evidence that he was not entitled to control over the disposition of the Manpo......
  • Deming Hotel Co. v. Prox, No. 20290
    • United States
    • Indiana Court of Appeals of Indiana
    • 8 Mayo 1968
    ...should find for the plaintiff.' See Greenwalt v. State, supra; Byrd v. State (1965) Ind., 204 N.E.2d 651; Hardin v. State (1964) Ind., 201 N.E.2d 333, reh. den., Ind., 202 N.E.2d Page 624 Causes numbered 7G, 7H, 7I, 7J, 7K, 7L, 7M, 7Q and 7U, of the motion for new trial allege as error the ......
  • Mendez v. State, No. 676
    • United States
    • Indiana Supreme Court of Indiana
    • 28 Septiembre 1977
    ...which inference is in favor of the accused. Bash v. State, (1970) 254 Ind. 671, 262 N.E.2d 386; Hardin v. State, (1964) 246 Ind. 23, 201 N.E.2d 333, reh. den. 246 Ind. 28, 202 N.E.2d 164. Entrapment, as a defense, exists when the defendant has been induced or lured by a governmental agency,......
  • Bash v. State, No. 869S187
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Septiembre 1970
    ...to only one inference in favor of the accused. Davis v. State (1968), Ind., 239 N.E.2d 601; Hardin v. State (1964), 246 Ind. 23, 201 N.E.2d 333, 202 N.E.2d Premeditated malice encompasses the intent, consciously conceived, to take a life as well as the opportunity to reflect [254 Ind. 675] ......
  • Request a trial to view additional results
11 cases
  • Snyder v. State, No. 3-477A97
    • United States
    • Indiana Court of Appeals of Indiana
    • 30 Agosto 1979
    ...of the accused. Mendez v. State (1977), Ind., 367 N.E.2d 1081; Carmon v. State (1976), 265 Ind. 1, 349 N.E.2d 167; Hardin v. State (1964), 246 Ind. 23, 201 N.E.2d Snyder first argues that there is a total lack of evidence that he was not entitled to control over the disposition of the Manpo......
  • Deming Hotel Co. v. Prox, No. 20290
    • United States
    • Indiana Court of Appeals of Indiana
    • 8 Mayo 1968
    ...should find for the plaintiff.' See Greenwalt v. State, supra; Byrd v. State (1965) Ind., 204 N.E.2d 651; Hardin v. State (1964) Ind., 201 N.E.2d 333, reh. den., Ind., 202 N.E.2d Page 624 Causes numbered 7G, 7H, 7I, 7J, 7K, 7L, 7M, 7Q and 7U, of the motion for new trial allege as error the ......
  • Mendez v. State, No. 676
    • United States
    • Indiana Supreme Court of Indiana
    • 28 Septiembre 1977
    ...which inference is in favor of the accused. Bash v. State, (1970) 254 Ind. 671, 262 N.E.2d 386; Hardin v. State, (1964) 246 Ind. 23, 201 N.E.2d 333, reh. den. 246 Ind. 28, 202 N.E.2d 164. Entrapment, as a defense, exists when the defendant has been induced or lured by a governmental agency,......
  • Bash v. State, No. 869S187
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Septiembre 1970
    ...to only one inference in favor of the accused. Davis v. State (1968), Ind., 239 N.E.2d 601; Hardin v. State (1964), 246 Ind. 23, 201 N.E.2d 333, 202 N.E.2d Premeditated malice encompasses the intent, consciously conceived, to take a life as well as the opportunity to reflect [254 Ind. 675] ......
  • Request a trial to view additional results

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