Majors v. State

• Decision Date: 01 May 1974
• Docket Number: No. 1--573A84,1--573A84
• Citation: Majors v. State, 310 N.E.2d 283, 160 Ind.App. 124 (Ind. App. 1974)
• Parties: James David MAJORS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.
• Court: Indiana Appellate Court

Page 283

310 N.E.2d 283

160 Ind.App. 124

James David MAJORS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

No. 1--573A84.

Court of Appeals of Indiana, First District.

May 1, 1974.

Rehearing Denied June 10, 1974.

Philip H. Hayes, Evansville, for defendant-appellant.

James David Majors, pro se.

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

ROBERTSON, Presiding Judge.

Defendant-Appellant (Majors) was charged with the crime of First Degree Burglary and pleaded not guilty by reason of insanity. Following a trial by jury in which Majors was found guilty, the trial court sentenced him to serve a ten to twenty year prison term. On appeal, Majors questions the sufficiency of the evidence and, in addition, claims that the trial court erred in instructing the jury as it did, and in refusing to give certain instructions which Majors requested.

The evidence most favorable to the State, and the reasonable inferences to be drawn therefrom, discloses that on the evening of November 11, 1971, a young Evansville housewise returned to her home after a shopping trip. In the livingroom she encountered Majors who was wearing a silk stocking over his head and holding a pistol in his hand. The pistol belonged to the woman's husband and had been found by Majors during his search of the house before the arrival of the woman. Majors was wearing a suit of clothes which also belonged to the husband, but he informed the woman that he wanted something older to wear. Being frightened, the woman provided him with some of her husband's older clothing. In gathering this clothing for Majors, the woman noticed that the upstairs of the house had been ransacked and the bathroom was filthy. In explaining the reason for the dirty condition of the bathroom, Majors informed the woman that he had taken a bath to remove grime acquired during his stay beneath the porch at the side of the woman's house. He had hidden there earlier in the evening in order to avoid capture by the police who were looking for him in connection with another incident. Majors had the woman drive him in her car to his uncle's house. At that point he told her was free to go. When Majors departed the car he was wearing the husband's clothing and he still had the husband's gun.

The offense of first degree burglary is defined as follows:

'Whoever breaks and enters into any dwelling-house or other place of human habitation with the intent to commit any felony therein, or to do any act of violence or injury to any human being, shall be guilty of burglary in the first degree . . ..' IC 1971, 35--13--4--4, Ind.Ann.Stat. § 10--701 (Burns 1956).

The material elements are thus:

1. breaking and entry;

2. of a dwelling house or place of human habitation;

3. with the intent to commit a felony therein.

Majors' argument on the sufficiency of the evidence question is limited to the last element. His argument is two-pronged--first, the State's evidence failed to show beyond a reasonable doubt that Majors was of sound mind at the time of the alleged offense, and thereby failed to prove that he possessed the requisite intent, and second, there was not sufficient evidence to show that Majors did break and enter with the intent to commit the felony of theft.

When the defendant in a criminal case raises the issue of insanity, the State must prove his sanity beyond a reasonable doubt. It is a question of fact and must be determined by the jury in like manner to any other material fact in the case. On appeal, it is treated no differently than any other factual issue--if the evidence, and the reasonable inference to be drawn therefrom, is of such character as to permit the jury to find defendant to be of sound mind, the verdict must stand. Sharp v. State (1903), 161 Ind. 288, 68 N.E. 286. The evidence most favorable to the State on this issue was the testimony of the court appointed psychiatrist, Dr. Crudden. In his opinion, Majors was normal and mentally competent on the day of the alleged offense, November 11, 1971.

Majors argues that this testimony was not sufficient in view of Dr. Crudden's response under cross-examination to a hypothetical question posed to him. The question concerned whether a person could experience panic as a result of being chased and shot at by police. Dr. Crudden responded that temporary insanity could possibly result under such circumstances. However Majors overlooks the additional comment of Dr. Crudden that such condition would last for only a few minutes. Majors urges that the entire testimony of Dr. Crudden, coupled with the testimony of all witnesses in regard to Majors' mental condition (Majors does not set forth in the brief the specific testimony of the other witnesses to whom he refers) indicates overwhelmingly that he was not of sound mind. We are of the opinion that Dr. Crudden's testimony provides the necessary support to a finding that Majors was of sound mind. See Sharp, supra.

We now consider whether the finding of the requisite intent was supported by sufficient evidence. The recent case of Farno v. State (1974), Ind.App., 308 N.E.2d 724, was an appeal from a conviction of Entering to Commit a Felony, an essential element of which is an entering with intent to commit a felony. In that case Farno argued, as does Majors herein, that the evidence was insufficient to show that he possessed the intention to commit a felony at the time he entered the house. The Farno court set forth the applicable law as follows:

'In order to convict Farno of Entering to Commit a Felony, the State was bound to prove, as an essential element, his specific intention to commit a felony (theft) at the time he entered Treva's home. Because such 'intent' is a mental state of the actor, the trier of fact must resort to reasonable inferences based upon examination of the surrounding circumstances to reasonably infer its existence. (Citing authorities).

If the circumstantial evidence bearing upon this element could reasonabl lead to either of two inferences, one of guilt and one of innocence, an appellate tribunal is not free to reweigh the evidence and determine which should have predominated in the mind of the trier of fact. (Citing authorities).

Indiana courts have often recognized that felonious intent at the time of entry may be inferred from the fact that a criminal act is committed by the accused after the entry. (Citing authorities). 308 N.E.2d at 725--726.

Majors contends that the evidence shows that he entered the house not to commit a felony, rather, to avoid apprehension by police officers. While this is a permissible inference, an equally valid inference is that he entered the house in order to obtain a change of clothing and a weapon to assist him in his further efforts to avoid capture. The latter inference arises from the evidence that Majors was wearing the clothing of the husband when confronted by the woman of the house, and in addition was holding the husband's pistol. He kept these items when he left the house. Such evidence supports the inference that Majors entered the house possessed of the requisite intent.

We now turn to Majors' allegations of error concerning the giving and the refusing of various instructions.

Majors contends the trial court erred in submitting to the jury State's Instruction No. 2, which reads as follows:

'You are further instructed that the State is not required to make proof of felonious intent, as a fact, by direct and positive evidence. The State is only required to produce such evidence as will satisfy the jury beyond a reasonable doubt that the crime charged was committed by the defendant with the felonious intent charged in the affidavit. A determination of the defendant's intent may be arrived at by the jury from a consideration of the defendant's conduct and the natural and usual sequence to which such conduct logically and reasonably points.'

He argues that it was incomplete for the reason that the defense of insanity had been interposed. Therefore, in deciding whether Majors possessed the requisite intent, the jury should have been instructed to consider the defendant's ability to form the necessary criminal intent. Although the above instruction did not make reference to his defense of insanity, instructions numbered 1, 2, 7 and 8 tendered by him and given by the court did adequately cover the topic. Defendant's Instruction No. 2 stated:

'In order to find...