Jones v. State

Decision Date26 September 1978
Docket NumberNo. 2-1177A438,2-1177A438
Citation177 Ind.App. 584,380 N.E.2d 604
PartiesAnthony JONES, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).
CourtIndiana Appellate Court

Patrick E. Chavis, III, Indianapolis, for appellant.

Theodore. L. Sendak, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

YOUNG, Judge.

Appellant-defendant Anthony Jones, appeals his conviction by court of the crime of armed robbery contending that the court's decision was not supported by sufficient evidence and was contrary to law. We affirm.

Jones was convicted of the crime of Commission of a felony While Armed to-wit: robbery contrary to I.C. 35-12-1-1, which reads in part as follows:

"Any person who being over the age of sixteen (16) years of age, commits or attempts to commit any felony while armed with any dangerous or deadly weapon, or while any other person is present and aiding or assisting in committing or attempting to commit such felony is armed with any dangerous or deadly weapon shall be guilty of a separate felony." I.C. 35-12-1-1.

The elements of this crime which must be established are that the defendant 1) is over the age of sixteen (16), 2) he commits or attempts to commit a felony, 3) while armed with a dangerous or deadly weapon.

The testimony of Detective Hoke to the effect that the appellant-defendant stated as his date of birth March 27, 1958, is sufficient evidence to allow the trial court to conclude that the defendant was over 16 at the time of the commission of the offense.

The elements of robbery, the felony involved here, are "1) an unlawful taking; 2) from the person of another; 3) of any article of value; 4) by violence or putting in fear." Mickens v. State (1972), 155 Ind.App. 47, 290 N.E.2d 758 at 761 (See also Jackson v. State (1971), 257 Ind. 477, 275 N.E.2d 538; Jones v. State (1970), 255 Ind. 57, 262 N.E.2d 538.

The evidence most favorable to the State shows the following:

On the evening of July 26th, 1976, between 10:00 and 11:00 p. m. Robert Rowe, Jeffrey Lantz, Michael Moran and Chris Moran were in the area of the 4400 block of North Audubon, in the City of Indianapolis, Marion County, Indiana, examining Lantz' car when a car belonging to Jones, a green Electra 225, pulled up and stopped across the street. Jones was driving his automobile with a Steven Brewer in the front seat and a Lamont Martin seated in the back. Brewer stepped out of the automobile brandishing a handgun and ordered Rowe, Lantz, Mike Moran and Chris Moran to stand against Lantz' car. Brewer then proceeded to rob, at gunpoint, the four people with the assistance of Martin who helped him frisk the victims for valuables. Six or seven dollars was found on Lantz and taken by Brewer and Martin.

All the while, Jones remained in his car with the motor running and watching these activities. One witness described appellant-defendant Jones as "grinning." The robbery completed Martin and Brewer reentered the Jones' automobile and Jones drove it off at a high rate of speed with his car lights out. The victims of the crime immediately followed Jones in Lantz' car but did not stop it knowing that Brewer was armed. The robbery was reported to the Indianapolis Police Department and a description of the car given by the victims together with a partial identification of the license plate number.

The evidence clearly supports the conclusion Brewer robbed Lantz of six or seven dollars in U. S. currency while armed with a deadly weapon and by putting him in fear.

The appellant-defendant's contention that he did not participate in the robbery and that he was in no way involved with the crime is without merit. I.C. 35-1-29-1 reads as follows:

"Every person who shall aid or abet in the commission of a felony, or who shall counsel, encourage, hire, command or otherwise procure a felony to be committed, may be charged by indictment or information, (and) tried and convicted in the same manner as if he were a principal, either before or after the...

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2 cases
  • Byrer v. State, 3-1080A322
    • United States
    • Court of Appeals of Indiana
    • 27 Julio 1981
    ...391 N.E.2d 642; Smithers v. State (1979), Ind.App., 385 N.E.2d 466; Dolan v. State (1978), Ind.App., 381 N.E.2d 543; Jones v. State (1978), Ind.App., 380 N.E.2d 604. ...
  • Cornes v. State
    • United States
    • Court of Appeals of Indiana
    • 20 Agosto 1984
    ...and intentionally aided him in committing theft. This was sufficient to support Cornes's theft conviction. See Jones v. State, (1978) 177 Ind.App. 584, 380 N.E.2d 604 (evidence that defendant waited in a car with the engine running while friends committed robbery and transported them from t......

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