Jones v. State, No. 577S356

Docket NºNo. 577S356
Citation268 Ind. 640, 377 N.E.2d 1349
Case DateJuly 10, 1978
CourtSupreme Court of Indiana

Page 1349

377 N.E.2d 1349
268 Ind. 640
David Kevin JONES, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 577S356.
Supreme Court of Indiana.
July 10, 1978.

[268 Ind. 641]

Page 1350

Ferd Samper, Jr., Grant W. Hawkins, Samper, Samper & Hawkins, Indianapolis, William F. Marshall, Dalmbert & Marshall, Columbus, for appellant.

Theodore L. Sendak, Atty. Gen., Dennis K. McKinney, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, David Jones, was convicted by a jury of first-degree murder and sentenced to life imprisonment. He now appeals alleging that the trial court denied him an opportunity to re-file a plea of insanity and that there was insufficient evidence to support the verdict.

A summary of the facts from the record reveals the following. Mrs. Myrl Freeman was murdered at about 7:45 p. m. on November 7, 1975. The cause of death was established as multiple stab wounds. Her body was discovered the next afternoon by her son and daughter-in-law and blood was found splattered all over the kitchen. Two witnesses saw the defendant on the road in front of Mrs. Freeman's house at 7:55 p. m. on the evening of the murder. The front door of Mrs. Freeman's house was ordinarily kept locked and visitors entered the home by a side door. However, the day after the murder, the front door was found open, unbolted from the inside, and defendant's fingerprints were found on this door. There was testimony to the effect that the defendant admitted he killed Mrs. Freeman to a fellow inmate in the Bartholomew County jail.

I.

The defendant originally filed a notice of a special defense of insanity in February, 1976. Then in July he moved to withdraw that plea and a hearing was held on the motion. The court allowed the special plea to be withdrawn, but he admonished[268 Ind. 642] the defendant that once the plea was withdrawn it could not be reinstated. The court then entered an order granting the motion of the defendant with prejudice.

The defendant now contends that the judge's admonishment and the words "with prejudice" denied him the opportunity to re-file his plea of insanity and that this was reversible error. It is true that our statute allows a defendant to formally present the issue of insanity at any time prior to trial, Ind.Code § 35-5-2-1 (Burns 1975), and that the right to file such a plea cannot be cut off by the court declaring the issues closed, Barber v. State (1925), 197 Ind. 88,...

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46 practice notes
  • Watt v. State, No. 2-1178A382
    • United States
    • Indiana Court of Appeals of Indiana
    • November 3, 1980
    ...for sufficiency of the evidence, we will not reweigh the evidence nor judge the credibility of the witnesses. Jones v. State (1978), 268 Ind. 640, 377 N.E.2d 1349. We will look only to the evidence most favorable to the State, along with all reasonable inferences to be derived therefrom. Po......
  • R. D. S. v. S. L. S., No. 2-778A251
    • United States
    • Indiana Court of Appeals of Indiana
    • March 26, 1980
    ...reweigh the evidence and rejudge the credibility of the witnesses. This an appellate court cannot do. See Jones v. State (1978), Ind., 377 N.E.2d 1349. 10 The law provides that the statute is tolled, inter alia, if a third person provides support "on behalf" of the alleged biological father......
  • Dorton v. State, No. 380S62
    • United States
    • Indiana Supreme Court of Indiana
    • May 6, 1981
    ...be Page 1300 drawn from it which supports the finding of the jury. Parks v. State, (1979) Ind., 389 N.E.2d 286; Jones v. State, (1978) 268 Ind. 640, 377 N.E.2d 1349. The evidence was sufficient for the jury to have found beyond a reasonable doubt that William Albert Dorton had been twice co......
  • Shultz v. State, No. 2-980
    • United States
    • March 16, 1981
    ...arrest. As a court of appeal we must construe the evidence favorably to the verdict of the trial court. T.R. 52(A); Jones v. State (1978), 268 Ind. 640, 377 N.E.2d 1349; Poindexter v. State (1978), 268 Ind. 167, 374 N.E.2d The determination by the Supreme Court in Schmerber, supra, that the......
  • Request a trial to view additional results
46 cases
  • Watt v. State, No. 2-1178A382
    • United States
    • Indiana Court of Appeals of Indiana
    • November 3, 1980
    ...for sufficiency of the evidence, we will not reweigh the evidence nor judge the credibility of the witnesses. Jones v. State (1978), 268 Ind. 640, 377 N.E.2d 1349. We will look only to the evidence most favorable to the State, along with all reasonable inferences to be derived therefrom. Po......
  • R. D. S. v. S. L. S., No. 2-778A251
    • United States
    • Indiana Court of Appeals of Indiana
    • March 26, 1980
    ...reweigh the evidence and rejudge the credibility of the witnesses. This an appellate court cannot do. See Jones v. State (1978), Ind., 377 N.E.2d 1349. 10 The law provides that the statute is tolled, inter alia, if a third person provides support "on behalf" of the alleged biological father......
  • Dorton v. State, No. 380S62
    • United States
    • Indiana Supreme Court of Indiana
    • May 6, 1981
    ...be Page 1300 drawn from it which supports the finding of the jury. Parks v. State, (1979) Ind., 389 N.E.2d 286; Jones v. State, (1978) 268 Ind. 640, 377 N.E.2d 1349. The evidence was sufficient for the jury to have found beyond a reasonable doubt that William Albert Dorton had been twice co......
  • Shultz v. State, No. 2-980
    • United States
    • March 16, 1981
    ...arrest. As a court of appeal we must construe the evidence favorably to the verdict of the trial court. T.R. 52(A); Jones v. State (1978), 268 Ind. 640, 377 N.E.2d 1349; Poindexter v. State (1978), 268 Ind. 167, 374 N.E.2d The determination by the Supreme Court in Schmerber, supra, that the......
  • Request a trial to view additional results

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