Love v. State, No. 479S94

Docket NºNo. 479S94
Citation271 Ind. 473, 393 N.E.2d 178
Case DateSeptember 04, 1979
CourtSupreme Court of Indiana

Page 178

393 N.E.2d 178
271 Ind. 473
Diane LOVE, Appellant,
v.
STATE of Indiana, Appellee.
No. 479S94.
Supreme Court of Indiana.
Sept. 4, 1979.

Page 179

Harriette Bailey Conn, Public Defender of Indiana, James G. Holland, Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen. of Indiana, Jeffrey K. Baldwin, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-appellant Diane Love was charged with commission of a felony while armed, to-wit: robbery, under Ind. Code (Burns 1975) § 35-12-1-1, and was found guilty by a jury on January 18, 1977. She was sentenced to a determinate period of twelve years. The only issue appellant raises in this appeal is whether the evidence is sufficient to sustain the conviction.

[271 Ind. 474] On September 8, 1976, Diane Love entered the apartment of James Carlton Donald, ostensibly pursuant to an arrangement made by Connie Hill for the purpose of having sexual relations with Donald for pay. Love and Hill were both prostitutes and made their living by such means. After Love entered Donald's apartment, she told him she was looking for a man named John and asked him if he knew where John lived. Shorty thereafter, James Brewer entered the apartment armed with a double-barrel sawed-off shotgun and demanded Donald's money and guns. Love told Donald to lay on the bed and to do as Brewer said. She tied Donald's hands behind his back and searched his pockets, taking his watch, wallet and money clip. She then removed a tape player from the bed and searched the bureau drawers. After covering Donald's head with the bed spread, she and Brewer left, taking items valued at $537.

Pete Pappas, who lived near the scene, saw a man and two women in a red 1967 Chevrolet proceed north in the alley behind his house with the lights turned off. According to Pappas, the man and one of the women got out of the automobile and went into the apartment building in which Donald lived. Five to seven minutes later, they returned to the car and drove away. Pappas gave police the license number of the car as 99 C 1327, and related further suspicious activities of the three occupants of the car. Later that night Indianapolis police apprehended Love driving the automobile bearing this license number.

Brewer testified that Love asked him to go to Donald's apartment to help her get money Donald owed her for previous sexual acts. According to Brewer, a fight broke out between them, so he and Love took Donald's property and left. On the other hand, Love testified that Connie Hill had arranged what she termed a "sexual...

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20 practice notes
  • Drollinger v. State, No. 778S146
    • United States
    • Indiana Supreme Court of Indiana
    • 26 Agosto 1980
    ...v. State, (1980) Ind., 400 N.E.2d [274 Ind. 27] 151, 160. These are functions for the jury to perform. E. g., Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Riggenbach v. State, (1979) Ind., 397 N.E.2d 953, 956; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659. In the case before us, St......
  • Dixon v. State, No. 181S7
    • United States
    • Indiana Supreme Court of Indiana
    • 30 Julio 1982
    ...find the defendant guilty beyond a reasonable doubt. Willard v. State, (1980) Ind., 400 N.E.2d 151, 160; Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Chambers v. State, (1979) Ind., 392 N.E.2d 1156, As we have already indicated above, Officer Evans observed defendant removing one of the......
  • Sanders v. State, No. 1080S385
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Noviembre 1981
    ...of probative value from which the jury could reasonably find the defendant guilty beyond a reasonable doubt. Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Pollard v. State, (1979) Ind., 388 N.E.2d 496, 501; Ruetz v. State, (1978) 268 Ind. 42, 49, 373 N.E.2d 152, 156. In the case before u......
  • Hooks v. State, No. 280S33
    • United States
    • Indiana Supreme Court of Indiana
    • 24 Septiembre 1980
    ...of probative value from which the jury could reasonably find the defendant guilty beyond a reasonable doubt. Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Pollard v. State (1979) Ind., 388 N.E.2d 496, 501; Ruetz v. State, (1978) 268 Ind. 42, 49, 373 N.E.2d 152, In the case before us, app......
  • Request a trial to view additional results
20 cases
  • Drollinger v. State, 778S146
    • United States
    • Indiana Supreme Court of Indiana
    • 26 Agosto 1980
    ...v. State, (1980) Ind., 400 N.E.2d [274 Ind. 27] 151, 160. These are functions for the jury to perform. E. g., Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Riggenbach v. State, (1979) Ind., 397 N.E.2d 953, 956; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659. In the case before us, St......
  • Sanders v. State, 1080S385
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Noviembre 1981
    ...of probative value from which the jury could reasonably find the defendant guilty beyond a reasonable doubt. Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Pollard v. State, (1979) Ind., 388 N.E.2d 496, 501; Ruetz v. State, (1978) 268 Ind. 42, 49, 373 N.E.2d 152, 156. In the case before u......
  • Dixon v. State, 181S7
    • United States
    • Indiana Supreme Court of Indiana
    • 30 Julio 1982
    ...find the defendant guilty beyond a reasonable doubt. Willard v. State, (1980) Ind., 400 N.E.2d 151, 160; Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Chambers v. State, (1979) Ind., 392 N.E.2d 1156, As we have already indicated above, Officer Evans observed defendant removing one of the......
  • Hooks v. State, 280S33
    • United States
    • Indiana Supreme Court of Indiana
    • 24 Septiembre 1980
    ...of probative value from which the jury could reasonably find the defendant guilty beyond a reasonable doubt. Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Pollard v. State (1979) Ind., 388 N.E.2d 496, 501; Ruetz v. State, (1978) 268 Ind. 42, 49, 373 N.E.2d 152, In the case before us, app......
  • Request a trial to view additional results

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