Layton v. State
Decision Date | 28 December 1966 |
Docket Number | No. 30228,30228 |
Parties | Michael Walton LAYTON, Appellant, v. The STATE of Indiana, Appellee. |
Court | Indiana Supreme Court |
James G. Strawbridge, Joseph F. Quill, Indianapolis, for appellant.
John J. Dillon, Atty. Gen., Edgar S. Husted, Deputy Atty. Gen., for appellee.
Appellant was charged by indictment in two counts; with (1) the premeditated murder of one Orvil Lee Gambrel, and (2) with the murder of Orvil Lee Gambrel while engaged in the perpetration of a robbery.
Appellant entered a plea of not guilty to both counts of the indictment, the cause was thereafter tried by jury, and appellant was found guilty on both counts and sentenced to the Indiana State Prison for life on each count. Thereafter, on November 15, 1961, the court entered judgment on the verdict sentencing appellant to the Indiana State Prison for life on each count and recommending that the two life sentences be served consecutively and not concurrently.
On November 23, 1961, appellant filed his motion for a new trial in said cause. Such motion in pertinent part alleged the two following grounds:
Appellant's assignment of errors is the single ground:
Appellant claims error was committed by allowing the introduction in evidence of offenses other than those with which he was charged and convicted. Two witnesses testified that they had accompanied and assisted appellant in several robberies of service stations and a church. The state contends the evidence was competent as showing a common scheme or plan because the offenses testified to occurred within a two month period preceding the murder charges, because the offenses were committed while armed and because all but one of the offenses involved service stations of the same company.
This court has previously held:
Loveless v. State (1960), 240 Ind. 534, 539, 166 N.E.2d 864, 866.
The case at bar does not fit into any of the exceptions. There is no peculiar characteristic common to each of the offenses. The most the evidence of the prior offenses tends to show is that the...
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