Hendrix v. State
| Citation | 315 N.E.2d 701,262 Ind. 309 |
| Decision Date | 26 August 1974 |
| Docket Number | No. 574S96,574S96 |
| Parties | James Odis HENDRIX, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
| Court | Supreme Court of Indiana |
Paul J. Schwertley, South Bend, for appellant.
Theodore L. Sendak, Atty. Gen., John H. Meyers, Deputy Atty. Gen., Indianapolis, for appellee.
This is a direct appeal from a conviction for first degree murder. Appellant raises the following issues for our consideration:
(1) Whether the evidence is sufficient to sustain the conviction;
(2) Whether the State failed to comply with court ordered discovery;
(3) Whether the prosecutor's closing argument was improper.
On appeal, this Court will not weigh the evidence nor determine the credibility of witnesses. We will consider only that evidence most favorable to the State and the inferences therefrom which will reasonably support the conviction.
The facts most favorable to the State disclose that on April 19, 1973, the appellant walked into a liquor store and observed a customer talking to the appellant's girl friend. The appellant drew a revolver and threatened the customer. At that time, another customer, the murder victim, walked to the exit. The appellant turned his gun on the victim, and admonished him to remain within the establishment: 'Ain't no m.....r f.....r going out of here before I do.' The victim, nevertheless, left the building and walked to his car. The appellant followed, had words with the victim, then fired at close range. After being wounded, the victim reached under his car seat for a weapon, fired at the appellant, and the appellant returned the fire killing the victim.
Appellant's first contention is that the State's proof fails on the essential element of malice. However, it is well settled that the trier of fact may reasonably infer malice from the appellant's intentional use of a deadly weapon. Aubrey v. State (1974), Ind., 307 N.E.2d 67. Likewise, appellant's contention that a substantial amount of time must pass between the formation of the intent to kill and the homicidal act in order to prove premeditation is contrary to law. Premeditation need not continue over any protracted time period. The lapse between formation of the mens rea and the actus reus may be as instantaneous as successive thoughts. Aubrey v. State, supra.
In addition, the record contains abundant testimony that appellant was the aggressor in the shooting incident. Such evidence was sufficient to prove the absence of appellant's claim of self-defense. The jury resolved the question in the State's favor, and we will not disturb that judgment here. Nelson v. State (1972), Ind., 287 N.E.2d 336.
Appellant's contention that the State failed to comply with court ordered discovery is meritless, because the record discloses that the trial court did not grant discovery under the specification at issue. Further, appellant presents no citation of authorities to support his contention that the trial court improperly overruled an objection to the testimony of one of...
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