Majors v. State, 879S225
| Citation | 274 Ind. 261,410 N.E.2d 1196 |
| Decision Date | 06 October 1980 |
| Docket Number | No. 879S225,879S225 |
| Parties | Harold Gene MAJORS, Appellant, v. STATE of Indiana, Appellee. |
| Court | Supreme Court of Indiana |
Preston T. Breunig & Gary R. Landau, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., William E. Daily, Asst. Atty. Gen., Indianapolis, for appellee.
Appellant, Harold Gene Majors, was convicted by a jury in Marion County Superior Court of robbery while armed with a deadly weapon, Ind.Code § 35-42-5-1, and was sentenced to fifteen years in prison. He appeals the conviction, challenging the sufficiency of the evidence.
In reviewing sufficiency claims, this Court will not weigh the evidence, nor will it resolve questions of credibility, but it will look to the evidence and reasonable inferences therefrom which support the verdict.
The jury's verdict will not be disturbed if there is evidence of probative value from which a reasonable trier of fact could infer that appellant was guilty beyond a reasonable doubt. Hicks v. State, (1980) Ind., 401 N.E.2d 702.
The evidence in this case, when viewed in the light most favorable to the result reached by the jury, shows that on November 5, 1978, at the corner of Vermont and Illinois Streets in Indianapolis, the appellant brandished a rock-like object over his head, and turned upon Parker A. Wade shouting, "I am going to kill somebody," and, "give it up." Wade, who was disabled and could not run away, took some change from his pocket and tossed it on the sidewalk. The appellant then demanded Wade's watch and ring, and picked them up after the victim threw them down on the sidewalk. The victim then retreated into a nearby hotel and called the police. A police officer arrived shortly and took the victim in his patrol car to search for the appellant, who was spotted walking on Indiana Avenue. The officer saw the appellant hand something to a companion, and after stopping the two men, retrieved the victim's watch and ring from the companion.
The statute provides in pertinent part:
Appellant raises two points about the sufficiency of the evidence. First, he argues that the State failed to present evidence of probative value from which the jury could infer that the appellant was armed with a deadly weapon. Specifically, appellant claims first that the victim gave no testimony as to what the object in the appellant's...
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Ward v. State, 49A02–1401–CR–25.
...a stapler, chunks of porcelain, and a soft drink bottle. See Miller, 500 N.E.2d at 197 (Ind.1986) (screwdriver); Majors v. State, 274 Ind. 261, 263, 410 N.E.2d 1196, 1197 (1980) (large rock); Cummings v. State, 270 Ind. 251, 254, 384 N.E.2d 605, 606 (1979) (stapler); Liston v. State, 252 In......
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...Ind., 439 N.E.2d 565 (defendant threatened to hurt victim with a crow bar which he held close to the victim's head); Majors v. State (1980), 274 Ind. 261, 410 N.E.2d 1196 (defendant held a "big rock or brick" over his head while telling the victim, "I am going to kill somebody."); Cummings,......
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Frey v. State, 20A04-9101-CR-16
...to be deadly weapons. Lamb v. State (1984), Ind., 462 N.E.2d 1025; Hatton v. State (1982), Ind., 439 N.E.2d 565; Majors v. State (1980), Ind., 274 Ind. 261, 410 N.E.2d 1196; Barber v. State (1981), Ind.App., 418 N.E.2d Several Indiana courts have held pellet or BB guns are deadly weapons wi......
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Timm v. State
...look to the capacity of the object to inflict serious bodily injury under the factual circumstances of the case. See Majors v. State (1980), 274 Ind. 261, 410 N.E.2d 1196 (holding that large rock constituted deadly weapon); Cummings, 384 N.E.2d 605 (stapler); Jones v. State (1978), 269 Ind.......