Jones v. State, No. 2-1177A438

Docket NºNo. 2-1177A438
Citation177 Ind.App. 584, 380 N.E.2d 604
Case DateSeptember 26, 1978
CourtCourt of Appeals of Indiana

Page 604

380 N.E.2d 604
177 Ind.App. 584
Anthony JONES, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 2-1177A438.
Court of Appeals of Indiana, Fourth District.
Sept. 26, 1978.

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.

Page 605

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 [177 Ind.App. 585] 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...

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2 practice notes
  • Byrer v. State, No. 3-1080A322
    • United States
    • Indiana Court of Appeals of Indiana
    • July 27, 1981
    ...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, No. 4-783A213
    • United States
    • Indiana Court of Appeals of Indiana
    • August 20, 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......
2 cases
  • Byrer v. State, No. 3-1080A322
    • United States
    • Indiana Court of Appeals of Indiana
    • July 27, 1981
    ...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, No. 4-783A213
    • United States
    • Indiana Court of Appeals of Indiana
    • August 20, 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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