Lindsey v. State, No. 370S67

Docket NºNo. 370S67
Citation272 N.E.2d 458, 257 Ind. 78
Case DateAugust 30, 1971
CourtSupreme Court of Indiana

Page 458

272 N.E.2d 458
257 Ind. 78
Albert Thomas LINDSEY alias Dickie Pepper, Appellant,
v.
STATE of Indiana, Appellee.
No. 370S67.
Supreme Court of Indiana.
Aug. 30, 1971.

Page 459

James A. Connor, Robert V. Bridwell, Indianapolis, for appellant.

[257 Ind. 79] Theodore L. Sendak, Atty. Gen., Lon D. Showley, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Judge.

Defendant (Appellant) was convicted of rape under 1956 Repl.Burns, Ind.Stat.Ann. § 10--4201, IC 1971, 35--13--4--3 (Acts of 1941, Ch. 148, § 3) and was sentenced to the Indiana State Reformatory for a term of from two (2) to twenty-one (21) years.

Error assigned challenges the sufficiency of the evidence in that: (1) Prosecuting witness, a sixteen year old girl, was not qualified by the State as to competency; (2) Defendant was not properly identified as being the person who was alleged to have committed the crime charged; (3) The State failed to prove venue, in that it was not proved that the offense occurred in the State of Indiana; and (4) The State failed to prove that the offense did in fact occur, inasmuch as the prosecuting witness described the act between her and Defendant as 'intercourse' rather than as 'sexual intercourse' and as 'penetration' rather than as 'penetration of her female sex organ by Defendant's male sex organ.'

We are aware of no principle that requires a party to take any special steps with reference to qualifying a sixteen year old witness to testify, and Appellant has cited no authority in support of such a principle.

During the interrogation of the prosecuting witness, she was asked if she met the defendant on the date of the offense, and she replied that she did. She was then asked if she then saw him in court; and she replied that she did. Thereupon, she was asked to point him out. The record discloses merely that 'the witness pointed.' It does not specify the person to whom she pointed. Again the defendant has cited no authority supporting his contention that the record must show that the defendant was pointed to in order to reflect a proper identification. There

Page 460

was abundant testimony that the assailant was Albert Thomas Lindsey. Albert Thomas Lindsey was [257 Ind. 80] present in court at the trial and in fact testified that he was with the prosecuting witness on the day of the offense. There was evidence of probative value that he was the same person charged with the offense.

In reviewing the allegations of insufficient...

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17 practice notes
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • 29 Diciembre 1982
    ...support the jury's conclusion that penetration of each victim's sex organ by defendant's sex organ did occur. Lindsey v. State, (1971) 257 Ind. 78, 272 N.E.2d 458; Davis v. State, (1972) 258 Ind. 533, 282 N.E.2d 805; Omans v. State, (1980) Ind.App., 412 N.E.2d 305. The evidence is sufficien......
  • State v. Wildenberg, No. CX-96-652
    • United States
    • Supreme Court of Minnesota (US)
    • 28 Enero 1998
    ...with her or "raped" her is sufficient, if believed, to establish penetration. See, e.g., Lindsey v. State, 257 Ind. 78, 272 N.E.2d 458 (1971) (16-year-old complainant's use of terms such as "intercourse" interpreted in context of case to mean sexual intercourse involving......
  • McChristian v. State, No. 1178S269
    • United States
    • Indiana Supreme Court of Indiana
    • 5 Noviembre 1979
    ...basis of the defendant's argument is that the record does not reflect who was seated to the prosecutor's left. In Lindsey v. State, (1971) 257 Ind. 78, 272 N.E.2d 458, the record indicated that the witness, when asked if she saw the defendant in court, merely pointed. The Court noted that t......
  • Williams v. State, No. 2-678A182
    • United States
    • 20 Diciembre 1978
    ...the sufficiency of the evidence, every reasonable intendment will be made in favor of the trial court's judgment. Lindsey v. State (1971), 257 Ind. 78, 272 N.E.2d The evidence supports the finding that when V. W. was abducted, she was within Marion County, walking near downtown Indianapolis......
  • Request a trial to view additional results
17 cases
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • 29 Diciembre 1982
    ...support the jury's conclusion that penetration of each victim's sex organ by defendant's sex organ did occur. Lindsey v. State, (1971) 257 Ind. 78, 272 N.E.2d 458; Davis v. State, (1972) 258 Ind. 533, 282 N.E.2d 805; Omans v. State, (1980) Ind.App., 412 N.E.2d 305. The evidence is sufficien......
  • State v. Wildenberg, No. CX-96-652
    • United States
    • Supreme Court of Minnesota (US)
    • 28 Enero 1998
    ...with her or "raped" her is sufficient, if believed, to establish penetration. See, e.g., Lindsey v. State, 257 Ind. 78, 272 N.E.2d 458 (1971) (16-year-old complainant's use of terms such as "intercourse" interpreted in context of case to mean sexual intercourse involving......
  • McChristian v. State, No. 1178S269
    • United States
    • Indiana Supreme Court of Indiana
    • 5 Noviembre 1979
    ...basis of the defendant's argument is that the record does not reflect who was seated to the prosecutor's left. In Lindsey v. State, (1971) 257 Ind. 78, 272 N.E.2d 458, the record indicated that the witness, when asked if she saw the defendant in court, merely pointed. The Court noted that t......
  • Williams v. State, No. 2-678A182
    • United States
    • 20 Diciembre 1978
    ...the sufficiency of the evidence, every reasonable intendment will be made in favor of the trial court's judgment. Lindsey v. State (1971), 257 Ind. 78, 272 N.E.2d The evidence supports the finding that when V. W. was abducted, she was within Marion County, walking near downtown Indianapolis......
  • Request a trial to view additional results

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