Jaudon v. State, No. 1269S294

• Docket Nº: No. 1269S294
• Citation: 23 Ind.Dec. 182, 262 N.E.2d 851, 255 Ind. 114
• Case Date: October 19, 1970
• Court: Supreme Court of Indiana

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262 N.E.2d 851 255 Ind. 114 William M. JAUDON, Appellant,
v.
STATE of Indiana, Appellee. No. 1269S294. Supreme Court of Indiana. Oct. 19, 1970.

Leo J. Lamberson, South Bend, for appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Hassett, Deputy Atty. Gen., for appellee.

[255 Ind. 115] GIVAN, Judge.

The appellant was charged by indictment with the crime of first degree murder. Trial by jury resulted in a conviction of murder in the second degree. The appellant was sentenced to the Indiana State Prison for life.

The facts shown by the record before us are as follows:

On November 28, 1968, the appellant asked Donald Smith, a fifteen year old boy, to drive with him to the home of Eddie Ralph Rapp. The appellant stated that he wanted to go there to get some money. As they left Smith's home, Smith noticed that appellant was wearing a trench coat, and that he was carrying a rifle under the coat.

When they arrived at Rapp's home the appellant instructed Smith to keep the car's motor running, then both Smith and the appellant entered Rapp's home. A conversation ensued in which the appellant demanded money which he claimed Rapp owed him. Rapp replied that he did not have any money. After repeated demands and repeated

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assertions on the part of Rapp that he had no money, the appellant fired the rifle at Rapp. After the first shot Rapp stated, 'O.K., Bill, I am dead,' to which the appellant replied, 'No, Ralph,' and fired a second shot into Rapp's head. After Rapp had been shot the appellant rummaged through a drawer in Rapp's home. Upon Smith's suggestion, both Smith and the appellant left.

As they drove in the automobile across Sample Street Bridge in South Bend the appellant instructed Smith to stop the car, upon which appellant threw the rifle into the river. Upon arriving at Smith's home, the appellant instructed Smith to tell no one what had happened. The next day the appellant told Smith's mother that he had them where he wanted them, and that he had killed Rapp.

The St. Joseph County Coroner testified that he saw the body of the decedent Rapp on November 29, 1968. He described two bullet wounds in the body, one in the upper chest with an exit wound in the back, the other with an entrance wound at the end of the victim's nose and with a massive [255 Ind. 116] exit wound on the back part on the right side of the skull from which brain tissue was protruding. He testified that the cause of death was the massive bullet wound in the head and brain. He stated, 'Nobody could live with that kind of wound.' He further stated that the appearance of the body was in itself sufficient for him to determine the cause of death. He further stated that in his opinion the wounds were such as would be inflicted by shots fired from a high powered firearm held probably at a distance of not more than one foot from the victim. Evidence shows that the police sought to recover the gun from the St. Joseph River, but it was never found.

The defendant himself testified that he had purchased 'a 303 British' at K Mart and two boxes of shells. That he took the gun to his home, loaded it and stood it in a corner, but that it later disappeared.

Appellant first claims as error that he was denied the right to inspect the grand jury minutes. His motion to inspect the grand jury minutes was filed before trial. The State filed an answer stating that no written minutes were...