Lee v. State, No. 571S133

Docket NºNo. 571S133
Citation286 N.E.2d 840, 32 Ind.Dec. 475, 259 Ind. 301
Case DateSeptember 08, 1972

Page 840

286 N.E.2d 840
259 Ind. 301
Warren L. LEE, Appellant,
v.
STATE of Indiana, Appellee.
No. 571S133.
Supreme Court of Indiana.
Sept. 8, 1972.

[259 Ind. 302]

Page 841

Chester R. Hobbs, Salem, for appellant.

Theo. L. Sendak, Atty. Gen., Paul Frazier, Deputy Atty. Gen., for appellee.

PRENTICE, Justice.

Defendant (Appellant) was charged by affidavit with First Degree Burglary in violation of Acts 1941, ch. 148, § 4, 1956 Repl. Burns' Ind.Stat.Ann. § 10--701, IC 1971, 35--13--4--4. In a trial before a jury he was convicted of the lesser included offense of entering to commit a felony in violation of Acts 1941, ch. 148, § 5, 1956 Repl. Burns' Ind.Stat.Ann. § 10--704, IC 1971, 35-- 13--4--5. He was sentenced to the Indiana State Prison for not less than one (1) year nor more than ten (10) years, disfranchised and rendered incapable of holding any office of trust or profit for a period of five (5) years, and ordered to pay costs taxed at $36.00. The statute, in relevant parts, is as follows:

'Whoever enters any dwelling-house * * *, with the intent to commit a felony therein, shall, on conviction, be imprisoned

Page 842

for not less than one (1) year nor more than ten (10) years, ** *.'

This appeal is addressed solely to the sufficiency of the evidence upon the issue of the identification of the defendant.

[259 Ind. 303] When the sufficiency of the evidence is raised as an issue on appeal, this Court will consider only that evidence most favorable to the State together with all logical and reasonable inferences which may be drawn therefrom. Coleman v. State (1971), Ind., 275 N.E.2d 786; Gibson v. State (1971), Ind., 271 N.E.2d 706; Fuller v. State (1971), Ind., 271 N.E.2d 720.

The conviction will be affirmed if, from that viewpoint, there is substantial evidence of probative value from which the trier of the fact could reasonably infer that the appellant was guilty beyond a reasonable doubt. Coleman v. State (supra); Gibson v. State (supra); Fuller v. State (supra).

This Court, on appeal, will not weigh the evidence nor determine the credibility of witnesses. Coleman v. State (supra); Fuller v. State (supra); Sanchez v. State (1971), Ind., 267 N.E.2d 374.

Viewed most favorably to the State, the evidence adduced at the trial revealed the following.

At approximately 10:00 p.m. on December 27, 1969, Kellis Couch, Jr., along with certain members of his family, returned to his father's house in rural Washington County, Indiana. Shortly after they returned, his mother, Esma Couch, saw a man in the kitchen and cried out. The intruder fled to his car in the driveway with young Couch in pursuit. He had a brief physical encounter with the intruder but was unable to prevent his escape or to see him well enough to enable him to identify him as being the defendant. He did, however, obtain the license number of the car and a description of the vehicle and subsequently reported the incident to the Sheriff's office. The following day it was determined that two ladies' purses were missing from the Couch residence, one of which contained a ring designated a 'Mother' ring. A short time earlier, the defendant, accompanied by several companions was driving around in the general area of...

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22 practice notes
  • Woodson v. State, No. 2-478
    • United States
    • Indiana Court of Appeals of Indiana
    • December 29, 1978
    ...Dotson v. State (1972), 258 Ind. 581, 282 N.E.2d 812; Jackson v. State (1971), 257 Ind. 477, 275 N.E.2d 538. See also Lee v. State (1972), 259 Ind. 301, 286 N.E.2d 840 and Heathe v. State (1971), 257 Ind. 345, 274 N.E.2d 697 and McDougall v. State (1970), 254 Ind. 62, 257 N.E.2d 674 where t......
  • Simms v. State, No. 110
    • United States
    • Court of Appeals of Maryland
    • November 6, 1980
    ...e. g., Roberts v. Collins, 544 F.2d 168 (4th Cir. 1976), cert. denied, 430 U.S. 973, 97 S.Ct. 1663, 52 L.Ed.2d 368 (1977); 5 Lee v. State, 259 Ind. 301, 286 N.E.2d 840 Page 725 (1972); Hobbs v. State, 253 Ind. 195, 252 N.E.2d 498, 501 (1969); Application of Cannon, 203 Or. 629, 281 P.2d 233......
  • Pryor v. State, No. 573S90
    • United States
    • Indiana Supreme Court of Indiana
    • May 18, 1973
    ...weigh the evidence nor determine the credibility of witnesses. Dunn v. State (1973), Ind., 293 N.E.2d 32; Lee v. State (1972), Ind., 286 N.E.2d 840. Only that evidence most favorable to the appellee and all reasonable inferences to be drawn therefrom will be considered. Id. If there is subs......
  • Moore v. State, No. 572S62
    • United States
    • Indiana Supreme Court of Indiana
    • March 7, 1973
    ...will not be disturbed. The court can neither weigh the evidence nor pass on the credibility of witnesses. Lee v. State (1972), Ind., 286 N.E.2d 840; Wardlaw v. State (1972), Ind., 286 N.E.2d 649; Capps v. State (1972), Ind., 282 N.E.2d 833; Gunn v. State (1972), Ind., 281 N.E.2d 484. A brie......
  • Request a trial to view additional results
22 cases
  • Woodson v. State, No. 2-478
    • United States
    • Indiana Court of Appeals of Indiana
    • December 29, 1978
    ...Dotson v. State (1972), 258 Ind. 581, 282 N.E.2d 812; Jackson v. State (1971), 257 Ind. 477, 275 N.E.2d 538. See also Lee v. State (1972), 259 Ind. 301, 286 N.E.2d 840 and Heathe v. State (1971), 257 Ind. 345, 274 N.E.2d 697 and McDougall v. State (1970), 254 Ind. 62, 257 N.E.2d 674 where t......
  • Simms v. State, No. 110
    • United States
    • Court of Appeals of Maryland
    • November 6, 1980
    ...e. g., Roberts v. Collins, 544 F.2d 168 (4th Cir. 1976), cert. denied, 430 U.S. 973, 97 S.Ct. 1663, 52 L.Ed.2d 368 (1977); 5 Lee v. State, 259 Ind. 301, 286 N.E.2d 840 Page 725 (1972); Hobbs v. State, 253 Ind. 195, 252 N.E.2d 498, 501 (1969); Application of Cannon, 203 Or. 629, 281 P.2d 233......
  • Pryor v. State, No. 573S90
    • United States
    • Indiana Supreme Court of Indiana
    • May 18, 1973
    ...weigh the evidence nor determine the credibility of witnesses. Dunn v. State (1973), Ind., 293 N.E.2d 32; Lee v. State (1972), Ind., 286 N.E.2d 840. Only that evidence most favorable to the appellee and all reasonable inferences to be drawn therefrom will be considered. Id. If there is subs......
  • Moore v. State, No. 572S62
    • United States
    • Indiana Supreme Court of Indiana
    • March 7, 1973
    ...will not be disturbed. The court can neither weigh the evidence nor pass on the credibility of witnesses. Lee v. State (1972), Ind., 286 N.E.2d 840; Wardlaw v. State (1972), Ind., 286 N.E.2d 649; Capps v. State (1972), Ind., 282 N.E.2d 833; Gunn v. State (1972), Ind., 281 N.E.2d 484. A brie......
  • Request a trial to view additional results

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