Hill v. State, No. 778S133

Docket NºNo. 778S133
Citation271 Ind. 549, 394 N.E.2d 132
Case DateSeptember 12, 1979

Page 132

394 N.E.2d 132
271 Ind. 549
Kevin Arnold HILL, Appellant,
v.
STATE of Indiana, Appellee.
No. 778S133.
Supreme Court of Indiana.
Sept. 12, 1979.

[271 Ind. 550]

Page 134

Hugh G. Baker, Jr., Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., Jack R. O'Neill, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Appellant was convicted in Marion County Criminal Court of two counts of robbery, Ind.Code (Burns 1975) § 35-12-1-1, and one count of inflicting physical injury during the commission of a felony, Ind.Code (Burns 1975) § 35-13-4-6. He raises three issues for our consideration on this appeal: (1) whether the trial court erred in admitting certain items into evidence; (2) whether the evidence is sufficient to sustain the conviction; and (3) whether the trial court erred in the sentence imposed on appellant.

On July 1, 1977, Thomas Schneider, a detective in the Indianapolis Police Department, was working as a security guard at Quality Inn North in Marion County, Indiana. Leslie Cherry was the clerk on duty at the motel. At approximately 2:30 a. m., Schneider was talking on the telephone when he observed a man enter the motel and state, "This is a hold-up." Schneider got up, turned around, and was faced by a man armed with a sawed-off shotgun. Another individual held a sawed-off weapon on Leslie Cherry. Neither Schneider nor Cherry could determine whether it was a rifle or a shotgun. Neither of the two individuals had a mask on, and Schneider testified that appellant Hill was the man who held the gun on him. Schneider wrestled with Hill, and the shotgun broke and the shell fell on the floor. The other person, Young, moved his weapon toward Cherry and ordered Schneider to cease fighting. Schneider released Hill and Hill then hit him on the head with the barrel[271 Ind. 551] of the shotgun. Hill then took Schneider's revolver and held it on him. Young and Hill then fled to the parking lot. When Schneider heard them leave, he ran outside and observed a Thunderbird automobile with no license plate backing out of a parking space.

I.

Appellant first challenges the admissibility of certain evidence. The police searched his home with his permission. That search produced several items which were admitted into evidence. State's Exhibit three consisted of a bag containing shotgun shells and rifle shells found in a cabinet in the kitchen, a bag containing a portion of a rifle barrel and a portion of a rifle stock, both from a .22 caliber rifle, and a hacksaw found in a drawer in the kitchen. State's Exhibit four was a photograph, taken in appellant's home, of these items laid together to show them totally. Appellant contends these items should not have been admitted into evidence because they were irrelevant and did not tend to prove any issue before the jury. He bases this argument primarily on the assertion that other evidence revealed that he carried a sawed-off shotgun and that there was no evidence that a sawed-off rifle was involved. As the State points out, however, and as the record reveals, Schneider testified that the weapon held by appellant's accomplice was either a rifle or a shotgun, but that it was a sawed-off weapon. In addition, Leslie Cherry testified that she observed the sawed-off weapon, although she did not know whether it was a rifle or a shotgun.

We have previously held that any evidence that connects the defendant with the crime is admissible. Wilson v. State, (1978) Ind., 374 N.E.2d 45; Pullins v. State, (1970) 253 Ind. 644, 256 N.E.2d 553. We noted in Wilson, supra, that any evidence tending to prove a material fact is admissible even though its tendency in that direction may be exceedingly slight. 374 N.E.2d at 47. See Morris v. State, (1977) 266 Ind. 473, 364 N.E.2d 132. Positive proof or positive authentication of evidence with such a tendency is not required for admissibility, and circumstantial evidence is relevant. Wilson, supra; Pullins, supra; Dixon v. State, (1963) 243 Ind. 654, 189 N.E.2d 715. We hold the trial court properly admitted the shells and rifle...

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35 practice notes
  • Drollinger v. State, No. 778S146
    • United States
    • Indiana Supreme Court of Indiana
    • 26 Agosto 1980
    ...(1979) Ind., 396 N.E.2d 895, 897-98. See generally Riggenbach v. State, (1979) Ind., 397 N.E.2d 953, 955; Hill v. State, (1979) Ind., 394 N.E.2d 132, 134; Wilson v. State, (1978) 268 Ind. 112, 116, 374 N.E.2d 45, [274 Ind. 20] The second incident which Lyons related occurred approximately t......
  • Dorton v. State, No. 380S62
    • United States
    • Indiana Supreme Court of Indiana
    • 6 Mayo 1981
    ...639. We have previously held that any evidence that connects the defendant with the crime is admissible. Hill v. State, (1979) Ind., 394 N.E.2d 132, 134; Wilson v. State, (1978) Ind., 374 N.E.2d 45; Pullins v. State, (1970) 253 Ind. 644, 256 N.E.2d 553. These exhibits were clearly connected......
  • Dooley v. State, No. 1080S401
    • United States
    • Indiana Supreme Court of Indiana
    • 13 Noviembre 1981
    ...redirect examination goes to her credibility as a witness, which is determined by the jury, not this Court. Hill v. State, (1979) Ind., 394 N.E.2d 132, 135; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659; Pollard v. State, (1979) Ind., 388 N.E.2d 496, 501. We cannot say that the trial j......
  • Grimes v. State, No. 1280S444
    • United States
    • Indiana Supreme Court of Indiana
    • 6 Julio 1983
    ...and admissible even though its tendency to so prove may be slight. Armstrong v. State, (1982) Ind., 429 N.E.2d 647; Hill v. State, (1979) 271 Ind. 549, 394 N.E.2d 132; Jones v. State, (1979) 270 Ind. 285, 385 N.E.2d 426. These exhibits were found at the crime scene and were relevant to show......
  • Request a trial to view additional results
35 cases
  • Drollinger v. State, No. 778S146
    • United States
    • Indiana Supreme Court of Indiana
    • 26 Agosto 1980
    ...(1979) Ind., 396 N.E.2d 895, 897-98. See generally Riggenbach v. State, (1979) Ind., 397 N.E.2d 953, 955; Hill v. State, (1979) Ind., 394 N.E.2d 132, 134; Wilson v. State, (1978) 268 Ind. 112, 116, 374 N.E.2d 45, [274 Ind. 20] The second incident which Lyons related occurred approximately t......
  • Dorton v. State, No. 380S62
    • United States
    • Indiana Supreme Court of Indiana
    • 6 Mayo 1981
    ...639. We have previously held that any evidence that connects the defendant with the crime is admissible. Hill v. State, (1979) Ind., 394 N.E.2d 132, 134; Wilson v. State, (1978) Ind., 374 N.E.2d 45; Pullins v. State, (1970) 253 Ind. 644, 256 N.E.2d 553. These exhibits were clearly connected......
  • Dooley v. State, No. 1080S401
    • United States
    • Indiana Supreme Court of Indiana
    • 13 Noviembre 1981
    ...redirect examination goes to her credibility as a witness, which is determined by the jury, not this Court. Hill v. State, (1979) Ind., 394 N.E.2d 132, 135; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659; Pollard v. State, (1979) Ind., 388 N.E.2d 496, 501. We cannot say that the trial j......
  • Grimes v. State, No. 1280S444
    • United States
    • Indiana Supreme Court of Indiana
    • 6 Julio 1983
    ...and admissible even though its tendency to so prove may be slight. Armstrong v. State, (1982) Ind., 429 N.E.2d 647; Hill v. State, (1979) 271 Ind. 549, 394 N.E.2d 132; Jones v. State, (1979) 270 Ind. 285, 385 N.E.2d 426. These exhibits were found at the crime scene and were relevant to show......
  • Request a trial to view additional results

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