Houze v. State, No. 482S143

Docket NºNo. 482S143
Citation441 N.E.2d 1369
Case DateDecember 03, 1982
CourtSupreme Court of Indiana

Page 1369

441 N.E.2d 1369
David Paul HOUZE, Appellant,
v.
STATE of Indiana, Appellee.
No. 482S143.
Supreme Court of Indiana.
Dec. 3, 1982.

William L. Soards, Soards & Carroll, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Latriealle Wheat, Deputy Atty. Gen., Indianapolis, for appellee.

Page 1370

GIVAN, Chief Justice.

Appellant was charged with one count of Rape and one count of Kidnapping. He was found guilty by a jury on both counts. He was sentenced to concurrent terms of imprisonment of thirty (30) years on each count.

The facts in the record are these. On the evening of September 23, 1980, the victim of the crime, C.S., was driving east on Washington Street in Indianapolis to return a borrowed truck to a friend. She stopped at the corner of Washington Street and Mitthoefer Road for a traffic light. Two men, one of whom she postively identified as appellant, opened the passenger door and got in. They told her they needed a ride to German Church Road. She told them she could not take them there. Appellant then pulled a hunting knife from a sheath attached to his belt and threatened her. She testified they both directed her to drive to an abandoned barn at 56th Street and German Church Road.

After stopping the truck on a dirt road leading to the barn, appellant ordered C.S. to disrobe. When she refused he grabbed her head, held the knife to her throat and told her he would slit her throat if she did not comply with the pair's orders. She then disrobed and submitted to sexual intercourse with both men. At one point she grabbed the knife which appellant had laid on the dashboard and threw it out the window. While she was engaged in intercourse with the other man appellant retrieved the knife.

After the sex acts were completed C.S. drove the pair back to the intersection of Washington Street and Mitthoefer Road. There appellant used a telephone while the accomplice stayed in the truck with C.S. The accomplice sat on the edge of the seat with the door open. Realizing she had a chance to escape, C.S. managed to do so by accelerating suddenly and either throwing the accomplice from the seat or inducing him to leap out.

C.S. then drove to a friend's house from which she called the Marion County Sheriff's office. A deputy arrived shortly and proceeded to take her down Washington Street in route to Community Hospital for a physical examination. While they were traveling, C.S. saw two men whom she believed to be her assailants. The deputy stopped the pair, one of whom the deputy identified as appellant. C.S. at that time positively identified the two as her assailants, whereupon both were arrested. Appellant was wearing a hunting knife carried in a sheath attached to his belt at the time of his arrest. At trial C.S. also positively identified appellant as one of her assailants.

Appellant interposed an alibi defense based only on his own testimony, whereby he attempted to place himself at a trailer court and at a local restaurant during the time in question. He also testified he met the other assailant, one Robert Hendren, while walking home. He testified Hendren gave him the knife and told him it was his brother's. He stated Hendren told him he and his brother had engaged in consensual intercourse with a girl that night who later became angry with them when she discovered they had stolen a bag of marijuana from her. He also testified he knew Hendren's brother and that the latter looked like him.

Appellant claims the verdict is contrary to law and the evidence is insufficient to sustain the conviction.

The test we use in sufficiency of the evidence cases is well-known. We do not reweigh the evidence nor judge the credibility of witnesses. Williams v. State, (1980) Ind., 406 N.E.2d 241.

Appellant centers his argument on certain alleged discrepancies in C.S.'s testimony. He claims she testified that after the assault the assailants used a telephone at the intersection of Washington Street and Mitthoefer Road. A deputy sheriff testified the telephone closest to that intersection was five or six hundred feet away in front of a restaurant on Washington Street....

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17 practice notes
  • Averhart v. State, No. 1182S414
    • United States
    • Indiana Supreme Court of Indiana
    • October 29, 1984
    ...and a trial court may, in its discretion, deny a motion requesting creation of such a scheme. Houze v. State, (1982) Ind., 441 N.E.2d 1369; Lock v. State, (1980) 273 Ind. 315, 403 N.E.2d 1360; Coonan v. State, (1978) 269 Ind. 578, 382 N.E.2d 157, cert. denied, 440 U.S. 984, 94 S.Ct. 1798, 6......
  • Dudley v. State, No. 783S263
    • United States
    • Indiana Supreme Court of Indiana
    • July 15, 1985
    ...request for a new court-appointed attorney; such ruling is reviewable only for an abuse of discretion. Houze v. State, (1982) Ind., 441 N.E.2d 1369. Denial of a request for change of counsel is not error absent a showing that defendant was prejudiced. Jones v. State, (1983) Ind., 449 N.E.2d......
  • Parr v. State, No. 1083S363
    • United States
    • Indiana Supreme Court of Indiana
    • March 9, 1987
    ...17, 1983. Parr contends that he had a right to counsel of his choosing, and cites as supporting authority Houze v. State (1982), Ind., 441 N.E.2d 1369, and Morgan v. State (1979), Ind.App., 397 N.E.2d 299. He is mistaken. Our decision in Houze, while recognizing a defendant's absolute right......
  • Lockhart v. State, No. 34A05-9511-CR-432
    • United States
    • Indiana Court of Appeals of Indiana
    • October 7, 1996
    ...at 1363; Averhart v. State, 470 N.E.2d 666, 689 (Ind.1984), cert. denied, 471 U.S. 1030, 105 S.Ct. 2051, 85 L.Ed.2d 323; Houze v. State, 441 N.E.2d 1369, 1371-1372 (Ind.1982); Bradberry v. State, 266 Ind. 530, 537, 364 N.E.2d 1183, 1187 (1977). Rather, the court has held that the decision o......
  • Request a trial to view additional results
17 cases
  • Averhart v. State, No. 1182S414
    • United States
    • Indiana Supreme Court of Indiana
    • October 29, 1984
    ...and a trial court may, in its discretion, deny a motion requesting creation of such a scheme. Houze v. State, (1982) Ind., 441 N.E.2d 1369; Lock v. State, (1980) 273 Ind. 315, 403 N.E.2d 1360; Coonan v. State, (1978) 269 Ind. 578, 382 N.E.2d 157, cert. denied, 440 U.S. 984, 94 S.Ct. 1798, 6......
  • Dudley v. State, No. 783S263
    • United States
    • Indiana Supreme Court of Indiana
    • July 15, 1985
    ...request for a new court-appointed attorney; such ruling is reviewable only for an abuse of discretion. Houze v. State, (1982) Ind., 441 N.E.2d 1369. Denial of a request for change of counsel is not error absent a showing that defendant was prejudiced. Jones v. State, (1983) Ind., 449 N.E.2d......
  • Parr v. State, No. 1083S363
    • United States
    • Indiana Supreme Court of Indiana
    • March 9, 1987
    ...17, 1983. Parr contends that he had a right to counsel of his choosing, and cites as supporting authority Houze v. State (1982), Ind., 441 N.E.2d 1369, and Morgan v. State (1979), Ind.App., 397 N.E.2d 299. He is mistaken. Our decision in Houze, while recognizing a defendant's absolute right......
  • Lockhart v. State, No. 34A05-9511-CR-432
    • United States
    • Indiana Court of Appeals of Indiana
    • October 7, 1996
    ...at 1363; Averhart v. State, 470 N.E.2d 666, 689 (Ind.1984), cert. denied, 471 U.S. 1030, 105 S.Ct. 2051, 85 L.Ed.2d 323; Houze v. State, 441 N.E.2d 1369, 1371-1372 (Ind.1982); Bradberry v. State, 266 Ind. 530, 537, 364 N.E.2d 1183, 1187 (1977). Rather, the court has held that the decision o......
  • Request a trial to view additional results

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