Harris v. State
| Decision Date | 04 September 1981 |
| Docket Number | No. 281S33,281S33 |
| Citation | 425 N.E.2d 154 |
| Parties | Arnold Lee HARRIS, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Charles E. Weiner, Valparaiso, for appellant.
Linley E. Pearson, Atty. Gen., Aimee L. Kolze, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant-appellant Arnold Lee Harris was charged with attempted murder in Lake Superior Court, Division II, on March 14, 1980. He was jointly tried and charged with another individual, one Joseph Ray Harris, and both were convicted of attempted murder by the verdict of a jury on August 12, 1980. He was sentenced to a term of twenty years by the court.
The only question defendant raises for our review is that of sufficiency. He moved for a directed verdict and judgment on the evidence at the close of the State's case and this motion was denied. He claims that, based on all of the evidence, the jury's verdict is contrary to law and not sustained by the evidence.
On November 19, 1979, one Steven Barath, of 243 Calhoun Street, Gary, Lake County, Indiana, was the victim of a shooting which occurred in the alley at or near the 243 Calhoun Street address. Barath came to his residence driving a truck shortly after 1:30 p. m., in the company of his fiancee, one Patricia Bender, and observed defendant Arnold Harris near his home at Third and Calhoun Streets, and Joseph Harris, approximately two doors south of the 243 Calhoun Street address. Joseph Harris moved toward the property line of 243 Calhoun Street to a point approximately 40 or 50 feet from Barath. Barath got out of his truck and started into the house when he heard Joseph Harris call out to him to come over to where Harris was standing but Barath ignored the command. Some ten to twenty minutes later Barath came back out of the house and got into his truck. He again noticed Joseph Harris, approximately two doors down from 243 Calhoun, and Arnold Harris, the defendant, running down the street toward Joseph Harris. Barath had some dirt to unload at a point down the alley from his residence and proceeded with his truck down the alley beside his home to a point approximately two blocks distant. As he approached a gate in the alley through which he needed to maneuver to reach a point where he was to dump some dirt, he observed appellant Arnold Harris, and Joseph Harris approaching his truck. As he began cutting the wheels of the truck to make the turn, he saw Joseph Harris pull a pistol and fire a shot which went through the wooden sides of his truck. A second shot went through Barath's temples. He did not see who fired that shot. The injuries from this shot caused him to be totally blind. Patricia Bender, who at the time of the trial was married to Barath, testified she saw Joseph Harris with a gun in his hand, that she heard the first shot being fired, and saw Joseph Harris fire the second shot that struck Barath in the temples. There was evidence that previous problems had caused conflict between Joseph Harris and Barath. Earlier, in November, 1979, Joseph Harris had asked Barath to allow him, Joseph Harris, to park a 1969 El Camino automobile in a garage located on the premises of 243 Calhoun Street. Apparently Barath denied the request but the car was parked in the garage anyway. It was later discovered that the vehicle was stolen and Barath ordered Joseph Harris to remove the vehicle from his garage. When Joseph Harris did not remove the car, Barath called the police and had the vehicle towed from his garage. On November 17, 1979, Joseph Harris had accosted Barath in the vicinity of Fourth Avenue and Calhoun Street, also while in the company of defendant Arnold Lee Harris.
The sole question determinative of the issue before us is the quality of appellant Arnold Harris' participation in the above incidents. It is his argument that the evidence shows no more than his presence in the vicinity during the commission of these crimes by co-defendant Joseph Harris and that, therefore, the court should have granted defendant's motion for a directed verdict at the close of the State's evidence or, in the alternative, there was insufficient evidence at the close of all the evidence to sustain the conviction. The defendant offered no evidence but rested at the close of the State's case.
It is well established that the State need only present a prima facie case in order to avoid a directed verdict. Estep v. State (1979), Ind., 394 N.E.2d 111; Dunville v. State (1979), Ind., 393 N.E.2d 143. We have consistently held that it is not our province to weigh the evidence or determine the credibility of witnesses. We review the evidence to determine if any reasonable inference may be drawn to support the verdict of the jury. Jenkins v. State (1978), 267 Ind. 543, 372 N.E.2d 166; Henderson v. State (1976), 264 Ind. 334, 343 N.E.2d 776.
One who aids or abets another or induces or causes another to commit a criminal offense can be charged with that offense and tried and convicted as a principal. Ind.Code § 35-41-2-4 (Burns Repl. 1979); Conard v. State (1977), Ind.App., 369 N.E.2d 1090. The accomplice can be criminally held for everything done by his confederates which was a probable and natural consequence of...
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