King v. State, No. 1171S345

Docket NºNo. 1171S345
Citation296 N.E.2d 113, 260 Ind. 422
Case DateMay 22, 1973
CourtSupreme Court of Indiana

Page 113

296 N.E.2d 113
260 Ind. 422
Albert Boyle KING, Appellant,
v.
STATE of Indiana, Appellee.
No. 1171S345.
Supreme Court of Indiana.
May 22, 1973.
Rehearing Denied July 5, 1973.

Harriette Bailey Conn, Public Defender of Indiana, Malcolm K. McClintick, Deputy Public Defender, for appellant.

[260 Ind. 423]

Page 114

Theodore L. Sendak, Atty. Gen., of Indiana, John McArdle, Deputy Atty. Gen., for appellee.

GIVAN, Justice.

Appellant was charged by indictment in the Allen Circuit Court with the crime of first degree murder. Upon motion of the appellant, venue was changed to the Kosciusko Circuit Court. Trial by jury resulted in a verdict of guilty as charged. Appellant was sentenced to the Indiana State Prison during life.

The record in this case was first filed with the Clerk of this Court on March 8, 1971. However, no brief was filed within the thirty days allowed under the Rules of this Court. A brief was tendered for filing on the thirty-first day. On November 30, 1971, this Court granted the appellant permission to file a belated appeal and appointed the State Public Defender as counsel for the petitioner, who re-filed the record in this case on February 28, 1972. Final briefing in the case was accomplished December 6, 1972.

The record reveals the following evidence:

On November 28, 1969, appellant was visiting James Pollard in Pollard's apartment next to the JLT Liquor Store in Fort Wayne, Indiana. Shortly after 1:00 P.M., appellant told Pollard that there was someone in the JLT parking lot he wanted to see, whereupon the left Pollard's apartment. State's witness Mary Sallie McGraw, whose apartment was above Pollard's apartment, saw the appellant step from Pollard's porch and start toward the liquor store. After a few steps, he stopped, pulled a pistol from his hip pocket and shot the decedent as he was returning to his car from the liquor store. Up to the time of the shooting, neither the deceased nor the appellant spoke to each other, nor did the deceased have anything in his hands. After appellant had fired the shot, he placed the pistol back in his pocket and said, 'You black son-of-a-bitch, you.' Appellant then attempted to return to Pollard's apartment, saying, 'I got the son-of-a-bitch.' However, [260 Ind. 424] Pollard refused to allow appellant to re-enter his apartment; whereupon, appellant drove away in his own car.

When police arrived, the deceased was dead. Police found no weapon on or near decedent's body. An autopsy revealed the cause of death to be hemorrhaging caused by a bullet which traveled through both arms and the chest of the deceased. There were powder burns on the right sleeve of decedent's jacket at the point of entry of the bullet.

At the time of his arrest, appellant told police officers that Jimmy King had 'been messing with me a long time.'

A week before the shooting, appellant had visited the deceased's wife and told her that her husband was going with appellant's wife; that he would not stand for it; and that he was going to kill his wife and Jimmy...

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40 practice notes
  • Norton v. State, No. 377S185
    • United States
    • Indiana Supreme Court of Indiana
    • August 4, 1980
    ...trial court's handling of the form of cross-examination. See Rogers v. State, (1974) 262 Ind. 315, 315 N.E.2d 707; King v. State, (1973) 260 Ind. 422, 296 N.E.2d Norton asserts the trial court allowed the State to present improper rebuttal evidence. Page 529 Our search of the record reveals......
  • Snyder v. State, No. 3-477A97
    • United States
    • Indiana Court of Appeals of Indiana
    • August 30, 1979
    ...of discretion the record must reveal that the appellant was prejudiced by the failure to grant the continuance. King v. State (1973), 260 Ind. 422, 296 N.E.2d 113; Souerdike v. State (1951), 230 Ind. 192, 102 N.E.2d 367. Snyder has not set forth in his brief any assertion of how his defense......
  • Owensby v. State, No. 982
    • United States
    • Indiana Supreme Court of Indiana
    • September 4, 1984
    ...U.S. 944, 100 S.Ct. 302, 62 L.Ed.2d 312; Miller v. State, (1978) 267 Ind. 635, 372 N.E.2d 1168. This Court held in King v. State, (1973) 260 Ind. 422, 296 N.E.2d 113, mere surprise is not reason enough to necessitate a continuance; the defendant must show he was harmed by the denial because......
  • Hunt v. State, No. 482S149
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1983
    ...prejudiced by the failure to grant the continuance. White v. State, (1975) 263 Ind. 302, 330 N.E.2d 84, reh. denied; King v. State, (1973) 260 Ind. 422, 296 N.E.2d 113, reh. denied; Blevins v. State, (1973) 259 Ind. 618, 291 N.E.2d 84. From the time Appellant's new trial counsel entered his......
  • Request a trial to view additional results
40 cases
  • Norton v. State, No. 377S185
    • United States
    • Indiana Supreme Court of Indiana
    • August 4, 1980
    ...trial court's handling of the form of cross-examination. See Rogers v. State, (1974) 262 Ind. 315, 315 N.E.2d 707; King v. State, (1973) 260 Ind. 422, 296 N.E.2d Norton asserts the trial court allowed the State to present improper rebuttal evidence. Page 529 Our search of the record reveals......
  • Snyder v. State, No. 3-477A97
    • United States
    • Indiana Court of Appeals of Indiana
    • August 30, 1979
    ...of discretion the record must reveal that the appellant was prejudiced by the failure to grant the continuance. King v. State (1973), 260 Ind. 422, 296 N.E.2d 113; Souerdike v. State (1951), 230 Ind. 192, 102 N.E.2d 367. Snyder has not set forth in his brief any assertion of how his defense......
  • Owensby v. State, No. 982
    • United States
    • Indiana Supreme Court of Indiana
    • September 4, 1984
    ...U.S. 944, 100 S.Ct. 302, 62 L.Ed.2d 312; Miller v. State, (1978) 267 Ind. 635, 372 N.E.2d 1168. This Court held in King v. State, (1973) 260 Ind. 422, 296 N.E.2d 113, mere surprise is not reason enough to necessitate a continuance; the defendant must show he was harmed by the denial because......
  • Hunt v. State, No. 482S149
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1983
    ...prejudiced by the failure to grant the continuance. White v. State, (1975) 263 Ind. 302, 330 N.E.2d 84, reh. denied; King v. State, (1973) 260 Ind. 422, 296 N.E.2d 113, reh. denied; Blevins v. State, (1973) 259 Ind. 618, 291 N.E.2d 84. From the time Appellant's new trial counsel entered his......
  • Request a trial to view additional results

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