Hightower v. State, 879S208
Citation | 422 N.E.2d 1194 |
Decision Date | 08 July 1981 |
Docket Number | No. 879S208,879S208 |
Parties | Dennis HIGHTOWER, Appellant, v. STATE of Indiana, Appellee. |
Court | Supreme Court of Indiana |
Harriette Bailey Conn, Public Defender of Indiana, David P. Freund, Deputy Public Defender, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen. of Indiana, Linley E. Pearson, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., Indianapolis, for appellee.
Appellant was charged with murder. He was convicted by a jury of voluntary manslaughter and sentenced to twenty years imprisonment.
The body of the victim, a fourteen year old female, was found in a rural cornfield. She had suffered a total of fifteen .22 calibre rifle gunshot wounds, slashes to her back inflicted with a knife or similar instrument and injuries that may have been sustained by being run over by a vehicle. The victim's anus and vagina were bruised. Laboratory examinations revealed the presence of sperm in the vagina. A chrome strip from a vehicle and paper napkins were found at the scene. Information from an auto repair shop indicated that the strip was from a green sports truck.
The appellant was stopped as he exited a local liquor store. His vehicle, a green Ranchero, had no chrome stripping. One strip was found in the bed of the truck. The strip retrieved from the scene fit appellant's vehicle. A napkin adhered to the back bumper of the truck. Blood and hair were discovered under the Ranchero. A .22 calibre rifle was found behind the front seat. Three witnesses testified that they had seen the defendant and the decedent together between the hours of 10:30 and 11:00 p.m.
The appellant first claims that the trial court erred by admitting into evidence over defense objections photographic slides of the decedent. He argues the pictures were gruesome in light of the manner of death, served to inflame the minds of the jurors, thereby prejudicing him.
The standard to determine the admissibility of photographs of a gruesome nature was set forth in Brandon v. State, (1978) 268 Ind. 150, 374 N.E.2d 504. In Brandon, this Court stated at 374 N.E.2d p. 507:
A pathologist testified as to the significance of each slide. The pathologist was rightfully permitted to testify about the results of the pre-autopsy examination. He verified the slides were taken under his auspices. The photographs aided in proof of the victim's identity, the fact and cause of death and the probable distance from which the shots had been fired. They further depicted the brutality of the killing. The photographs were, therefore, relevant to the considerations before the jury. Under the standard set forth in Brandon, supra, we hold the slides were relevant and properly admitted.
Appellant next claims the trial court erred in refusing to give defendant's tendered final instructions numbered 15 and 18.
Defendant's tendered instruction number 15 reads:
Defendant's tendered instruction number 18 reads:
"You are instructed that no amount of suspicion, no matter of the nature, will itself constitute evidence and consequently suspicion, no matter in what abundance, will not justify a verdict of guilty."
Appellant argues that...
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Henderson v. State, No. 15A01-0711-CR-496 (Ind. App. 9/3/2008)
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