Henson v. State, No. 778S132

Docket NºNo. 778S132
Citation271 Ind. 325, 392 N.E.2d 478
Case DateJuly 30, 1979
CourtSupreme Court of Indiana

Page 478

392 N.E.2d 478
271 Ind. 325
Gregory HENSON, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 778S132.
Supreme Court of Indiana.
July 30, 1979.

Page 479

Harriette Bailey Conn, Public Defender, Trudy Simmons, Sp. Asst. Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Philip R. Blowers, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The petitioner is before this Court appealing from the denial of his petition for relief under Post-Conviction Relief, Rule 1. The petitioner had previously been charged with first-degree murder and [271 Ind. 326] then had entered a guilty plea to murder in the second degree. He was sentenced to a term of fifteen to twenty-five years and raises the following issues on appeal:

1. Whether the trial court erred in accepting the plea of guilty since there was allegedly no factual basis to establish the element of malice; and

2. Whether the trial court erred in refusing to modify the conviction and sentence to reflect a plea of guilty to voluntary manslaughter.

The facts from the record necessary for our discussion of these issues show that the petitioner was charged with first-degree murder in the shooting death of Janet Marie Troxel in Bloomington, Indiana, on November 30, 1974. A witness, John Retz, testified that he was a student at Indiana University, driving a taxi for the Yellow Cab Company at the time of the crime. He was dispatched to a trailer court in the early morning hours of November 30, 1974. There he was motioned to one of the mobile homes by a man. The man reentered the trailer and then emerged with a woman who was holding a baby and was accompanied by three other small children. The children got into the back seat of the cab, and as the witness turned he observed the man take a shotgun out of his own car and say to the woman, "I'm going to kill you."

Retz could see what was happening at close range and under good lighting. He watched as the man began pulling at the baby and told the woman to put the baby down. Then the man pointed the gun at Retz and told him to get away from the cab's radio. The man then turned back to the woman, pointed the gun at her face and fired. Retz started running and looked back to see the man pursuing him, but managed to escape. At the hearing, Retz positively identified the petitioner as the man who shot the victim and chased him.

I.

The petitioner contends that there was not sufficient proof of malice shown to support

Page 480

the trial court's acceptance of the guilty plea. He alleges that since the element of malice involves intent and since he does not remember committing the criminal act, it is not possible for the state to prove malice. His argument appears to involve two separate [271 Ind. 327] contentions, the sufficiency of the evidence on the element of malice and the effect of the evidence on the intelligence...

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26 practice notes
  • State v. Hobbs, Nos. 14311
    • United States
    • Supreme Court of West Virginia
    • July 29, 1981
    ...very little money are owned, licensed and operated for transportation by persons from one end of the earnings spectrum to the other." 392 N.E.2d at 478. The court found the income statistics were not persuasive in establishing impermissible exclusion of a cognizable group from petit jury We......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • April 13, 1983
    ...conclusion contrary to that reached by the trier of fact will the decision be reversed as contrary to law. Henson v. State, (1979) Ind., 392 N.E.2d 478; Hoskins v. State, (1973) 261 Ind. 291, 302 N.E.2d Petitioner's post-conviction relief petition was filed on April 5, 1978. On April 10, 19......
  • Weaver v. State, No. 481S99
    • United States
    • Indiana Supreme Court of Indiana
    • March 8, 1982
    ...conclusion contrary to that reached by the trier of fact will the decision be reversed as contrary to law. Henson v. State, (1979) Ind., 392 N.E.2d 478; Hoskins v. State, (1973) 261 Ind. 291, 302 N.E.2d Petitioner maintains the trial court erred in the standard it employed to determine whet......
  • Music v. State, No. 784S285
    • United States
    • Indiana Supreme Court of Indiana
    • March 12, 1986
    ...as contrary to law. Harrington, Ind., 459 N.E.2d at 371; Davis v. State (1983), Ind., 446 N.E.2d 1317, 1320; Henson v. State (1979), 271 Ind. 325, 328, 392 N.E.2d 478, We further note that the function of our post-conviction review pursuant to Ind. R.P.C. 1 is a special remedy whereby a par......
  • Request a trial to view additional results
26 cases
  • State v. Hobbs, Nos. 14311
    • United States
    • Supreme Court of West Virginia
    • July 29, 1981
    ...very little money are owned, licensed and operated for transportation by persons from one end of the earnings spectrum to the other." 392 N.E.2d at 478. The court found the income statistics were not persuasive in establishing impermissible exclusion of a cognizable group from petit jury We......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • April 13, 1983
    ...conclusion contrary to that reached by the trier of fact will the decision be reversed as contrary to law. Henson v. State, (1979) Ind., 392 N.E.2d 478; Hoskins v. State, (1973) 261 Ind. 291, 302 N.E.2d Petitioner's post-conviction relief petition was filed on April 5, 1978. On April 10, 19......
  • Weaver v. State, No. 481S99
    • United States
    • Indiana Supreme Court of Indiana
    • March 8, 1982
    ...conclusion contrary to that reached by the trier of fact will the decision be reversed as contrary to law. Henson v. State, (1979) Ind., 392 N.E.2d 478; Hoskins v. State, (1973) 261 Ind. 291, 302 N.E.2d Petitioner maintains the trial court erred in the standard it employed to determine whet......
  • Music v. State, No. 784S285
    • United States
    • Indiana Supreme Court of Indiana
    • March 12, 1986
    ...as contrary to law. Harrington, Ind., 459 N.E.2d at 371; Davis v. State (1983), Ind., 446 N.E.2d 1317, 1320; Henson v. State (1979), 271 Ind. 325, 328, 392 N.E.2d 478, We further note that the function of our post-conviction review pursuant to Ind. R.P.C. 1 is a special remedy whereby a par......
  • Request a trial to view additional results

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