Kinnaman v. State
| Decision Date | 15 August 1977 |
| Docket Number | No. 476S116,476S116 |
| Parties | Terrence KINNAMAN, Appellant, v. STATE, Appellee. |
| Court | Indiana Supreme Court |
Palmer K. Ward, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellee.
The defendant, Terrence Kinnaman, was charged by information with armed robbery. A jury trial was held and the jury returned a verdict of guilty. Judgment was entered on the verdict and the defendant was sentenced to eighteen years' imprisonment. From this judgment the defendant appeals.
Although the defendant's brief does not always preserve the distinction, the defendant presents two discrete issues in his appeal. The first issue concerns the admissibility of certain pre-trial identification evidence. The second issue is whether there was sufficient evidence of identity to support the jury's verdict.
During the defendant's trial two persons identified him as being one of two men who robbed the grocery store at which they were employed. One of these witnesses also gave testimony concerning a pre-trial identification made by him of the defendant within an hour of the crime.
Testimony concerning an improper pre-trial identification must be excluded upon a timely and proper objection. Stovall v. Denno, (1967) 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199; Norris v. State, (1976) Ind., 356 N.E.2d 204. The defendant made no objection to any of the identification testimony. Neither did he move to suppress this testimony. The issue is therefore not preserved for appeal. Stowers v. State, Ind., 363 N.E.2d 978 (1977). Evidence which is admitted without objection may be considered for its probative value. Hale v. State, (1967) 248 Ind. 630, 230 N.E.2d 432.
The defendant in arguing the sufficiency of evidence singles out the following characteristics and factors of the identification testimony. Neither witness had seen the defendant before the robbery. The robbers were masked and wore wigs. One of the witnesses was unable to identify the defendant in a bar before a lineup was assembled outside the bar. He also states that a police officer made suggestive comments during the lineup outside the bar, although this is not supported by the record.
When reviewing the sufficiency of the evidence, only that evidence most favorable to the State, together with all reasonable inferences, will be considered on appeal. Daniels v. State, (1976) Ind., 346 N.E.2d 566. On review we are limited to determining whether there was sufficient evidence of probative value from which a jury could have determined that the defendant was guilty beyond a reasonable doubt. Gaddis v. State, (1969) 253 Ind. 73, 251 N.E.2d 658.
Here two witnesses identified the defendant as being one of the...
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Busam v. State
...v. State, (1980) Ind., 412 N.E.2d 770. Evidence admitted without objection may be considered for its probative value. Kinnaman v. State, (1977) 266 Ind. 622, 366 N.E.2d 165. We do not believe Busam was relieved of the duty to object merely because the judge was examining the witness. It is ......
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Banks v. State
...(1985), Ind., 472 N.E.2d 892. Evidence which is admitted without objection may be considered for its probative value. Kinnaman v. State (1977), 266 Ind. 622, 366 N.E.2d 165; Hale v. State (1967), 248 Ind. 630, 230 N.E.2d 432. Moreover, in Mack v. State (1957), 236 Ind. 468, 139 N.E.2d 434, ......
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Collins v. State, 79A02-9005-CR-00290
...to establish a material fact at issue when the hearsay evidence is admitted without a timely objection at trial. Kinnaman v. State (1977), 266 Ind. 622, 366 N.E.2d 165; Mack v. State (1957), 236 Ind. 468, 139 N.E.2d Banks, supra, at 1129. The testimony of Francis is sufficient to infer that......
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Banks v. State
...to establish a material fact at issue when the hearsay evidence is admitted without a timely objection at trial. Kinnaman v. State (1977), 266 Ind. 622, 366 N.E.2d 165; Mack v. State (1957), 236 Ind. 468, 139 N.E.2d 434. Admittedly, the typewritten notation here was nearly identical to that......