Jackson v. State
| Decision Date | 07 February 1973 |
| Docket Number | No. 771S215,771S215 |
| Citation | 291 N.E.2d 892,260 Ind. 61 |
| Parties | James Leon JACKSON, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
George A. Purvis, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., William D. Bucher, Deputy Atty. Gen., for appellee.
This is an appeal from convictions of robbery and inflicting injury in the commission of a robbery (I.C.1971, 35--13--4--6, being Burns § 10--4101) after a trial without a jury in the Marion Criminal Court, Judge John Davis presiding. Appellant was sentenced to the Indiana State Prison for life. He bases his appeal on the contention that the evidence was insufficient to support these convictions.
The evidence introduced by the State at trial showed that one Charles Washington met the appellant in the Tally Ho Tavern at about 6:30 or 7:00 p.m. on the night of November 25, 1970. Mr. Washington testified that they left the tavern together and went to appellant's apartment where they and a third man named Zeke started shooting dice. After about an hour and a half Mr. Washington had won all of the appellant's money; about twenty-three dollars. Mr. Washington testified that these winnings, together with part of the salary he had been paid recently, totaled about $130.00 all of which he had in his wallet that night.
After the game Washington, appellant and Zeke drank some whiskey and appellant asked Washington for a loan. Washington refused and left. He stopped to call his wife and then began to walk to his apartment when at the corner of 36th and Illinois Streets appellant came out of an alley and told Washington to 'give it up'. Washington told the appellant to go away and continued walking. At that point appellant took a gun from his pocket and struck Washington in the head. A scuffle ensued in the street with appellant striking Washington several times with the pistol. Mr. Washington recalled falling to the ground and felt someone go through his pockets but could not actually see who it was because of a severe injury to his eye. However, Mr. Washington testified that he had not seen anyone else on the street at the time, and the only other person he noticed was a woman standing on her porch who subsequently called the police.
Mr. Washington stated that he spent forty-seven days in the hospital after the incident and suffered several deep cuts on his scalp, a broken ankle and an injury to his eye which continued to cause blurred vision at the time of the trial. He testified that he knew the appellant quite well and had known him for some fourteen years.
Officer Roberts of the Indianapolis Police Department testified that he received a radio call to proceed to 36th and Illinois on the night of the incident. When he arrived the saw Charles Washington lying on the street bleeding severely from several head wounds. He also noticed a bone had broken through the skin around Mr. Washington's ankle. Officer Roberts found an empty wallet near by with cards in it identifying the wallet as belonging to Charles Washington....
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Jackson v. State
...appeal to this Court resulted in an affirmance by a unanimous court in our opinion authored by Justice DeBruler and found at 260 Ind. 61, 291 N.E.2d 892. ISSUES The issues presented to this Court concern (1) competency of counsel and (2) newly discovered evidence. Section 5 of our Post Conv......
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Prophet v. Duckworth, 78-1145
...circumstances in which the defendant inflicts injury to overcome the victim and then takes the property. See, e. g., Jackson v. State, 260 Ind. 61, 291 N.E.2d 892 (1973). The present case is distinguishable in that arguably Prophet did not intend to commit the robbery until after the inflic......
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Webster v. State
...was taken from Davis' personal presence or personal but only possession on the part of 148,246 N.E.2d 765. See also: Jackson v. State (1973), Ind., 291 N.E.2d 892. We are of the further opinion that the above cases dispose of Webster's allegations of error predicated upon a failure of the c......
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Beasley v. State
...443, 447, 255 N.E.2d 101, 104. See Mitchell v. State, (1977) 172 Ind.App. 294, 297, 360 N.E.2d 221, 223. See also Jackson v. State, (1973) 260 Ind. 61, 64, 291 N.E.2d 892, 893. ISSUE Defendant next assigns error to the trial court's refusal to give three of his tendered instructions, which ......