Hlousek v. State, 470S95

• Decision Date: 21 May 1971
• Docket Number: No. 470S95,470S95
• Citation: 25 Ind.Dec. 536,256 Ind. 450,269 N.E.2d 387
• Parties: Donald E. HLOUSEK, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 387

269 N.E.2d 387

256 Ind. 450

Donald E. HLOUSEK, Appellant, v. STATE of Indiana, Appellee.

No. 470S95.

Supreme Court of Indiana.

May 21, 1971.

Frederick T. Work and Work & Kimbrough, Gary, for appellant. Theodore L. Sendak, Atty. Gen., of Indiana, Mark Peden, Deputy Atty. Gen., for appellee.

GIVAN, Judge.

Appellant was charged with the crime of robbery. Trial before the court resulted in a finding of guilty as charged. Appellant was sentenced to the Indiana State Reformatory for a term of not less than ten nor more than twenty-five years.

The record discloses the following facts:

On April 6, 1968, at approximately 1:00 P.M., a man wearing a stocking mask accompanied by a companion entered a jewelry store in Crown Point, Indiana. The masked man took the owner, Mrs. Stroup, into the back room and taped her eyes, mouth and hands. His companion took an employee and a customer into the back room. The men then took various items of jewelry from the store. A witness, who was outside the store at the time, saw a third man enter the store carrying a brief case. About a minute after the third man entered the store all three men came out and ran down an alley. The three men were seen entering a blue Cougar automobile which was less than 200 feet from the scene of the robbery. The witness observed that the automobile had an Illinois license plate containing the first two letters HL.

Highland police officer Augustine testified that he received a dispatch at approximately 1:30 P.M. advising him of the robbery of the jewelry store and describing the vehicle as a late model blue Cougar with Illinois license plates containing the first two letters HL. Upon receiving the dispatch he proceeded to Route 41 where he observed a vehicle approaching matching the description which he had received on the dispatch. Officer Augustine stopped the vehicle. There were two occupants, one O'Rourke and the appellant, Hlousek. Upon stopping the car the officer noticed a blackjack and a dirk in the automobile. At that point he ordered the occupants out of the automobile and placed them under arrest. A search of the vehicle resulted in the finding of a blue tanker jacket, an empty adhesive tape roll and one which was partially used.

The appellant argues that the trial court erred in admitting physical evidence obtained in the search of the automobile. The only object admitted in evidence which was taken from the automobile was the jacket. There was no objection made...