Manley v. State
| Decision Date | 30 September 1980 |
| Docket Number | No. 3-380A77,3-380A77 |
| Citation | 410 N.E.2d 1338 |
| Parties | Corinthian MANLEY, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
| Court | Indiana Appellate Court |
Kenneth A. Manning, Dyer, for appellant.
Theodore L. Sendak, Atty. Gen., Kathleen G. Lucas, Deputy Atty. Gen., Indianapolis, for appellee.
Corinthian Manley appeals his conviction of armed robbery contending that (1) the conviction is not supported by sufficient evidence; (2) the trial court erred in admitting evidence regarding his arrest; and that (3) the trial court improperly excluded him and his counsel from an ex parte discussion between the trial judge and a witness. We affirm.
Manley was charged with two (2) counts of robbery while armed with a deadly weapon, a Class B felony, pursuant to IC 35-42-5-1, convicted of robbing George King and found not guilty of robbing John C. Collins.
King, the owner and bartender of the Calumet Tap testified that around closing time on June 3, 1979, a man who he identified as Manley, held a gun on him and said Manley took money from the bar, ordered King outside and took money from King's pocket. While outside Manley fired the weapon in the air. King, who had known Manley for 15 years, was asked his state of mind when confronted with Manley and the gun. He responded "I was afraid he might have shot me sure enough" and that he would not have given Manley the money if Manley had not had a gun in his hand. Three eyewitnesses corroborated King's version of these events.
To argue that this evidence is insufficient to support the conviction for armed robbery defies credulity.
IC 35-42-5-1 provides as follows:
A person who knowingly or intentionally takes property from another person or from the presence of another person:
(1) by using or threatening the use of force on any person; or
(2) by putting any person in fear;
commits robbery, a Class C felony. However, the offense is a Class B felony if it is committed while armed with a deadly weapon, and a Class A felony if it results in either bodily injury or serious bodily injury to another person.
The State was required to prove the following elements: (1) An unlawful taking, (2) from the person of another, (3) any article of value (4) by violence or putting in fear and (5) that the act was committed while armed with a deadly weapon. Taylor v. State, (1978) Ind.App., 383 N.E.2d 1068; IC 35-42-5-1. The evidence was more than sufficient to prove the elements of the crime beyond a reasonable doubt.
Manley argues that evidence of the events surrounding his arrest was improperly admitted. The evidence complained of consisted of testimony of two police officers who arrested Manley pursuant to an arrest warrant. The evidence showed that Manley attempted to run, then tried to pull out a gun, and finally kicked and fought even after he was handcuffed in the squad car. Evidence of attempted escape is always competent evidence of consciousness of guilt. Lofton v. State, (1978) Ind., 378 N.E.2d 834. Flight has always been recognized as a fact to be considered from which the jury may draw an inference of guilt, and evidence pertaining to the avoidance of arrest is properly admitted. Porter v. State, (1979) Ind., 391 N.E.2d 801. United States v. Hampton, (7th Cir. 1972) 457 F.2d 299, cert. den. 409 U.S. 856, 93 S.Ct. 136, 34 L.Ed.2d 101.
Manley claims that the "plain clothes" worn by the policemen contributed to "the defendant's hostile reaction to his apprehension by the officers." There is no question that the officers clearly identified themselves and their intentions. Both wore badges and they stated, "Police Officers, and we're placing you under arrest." In addition, Manley admitted having known Officer Jackson since 1968, and even called him by a nickname at the time of the arrest. The two-week time span between the issuance of the warrant and its service did not render evidence of Manley's resistance inadmissible. During that time Manley was a fugitive. The evidence was properly admitted. See, Dunville v. State, (1979) Ind., 393 N.E.2d 143.
Manley argues that the evidence of the events surrounding his arrest was inadmissible because the arresting officers were from East Chicago and arrested him in Hammond. There is no merit in this argument. The warrant was issued by a Superior Court of Lake County, Indiana. It could have been served in any county of the state where Manley was found. James v. State, (1972) 258 Ind. 392, 281 N.E.2d 469; Sturm v. Potter, (1872) 41 Ind. 181. IC 35-1-21-2 provides:
Whenever any sheriff or constable, in executing a warrant, shall find that the defendant has crossed the boundary of the county in which the warrant issued into an adjoining county, such officer shall have the authority to enter the adjoining county and execute such warrant and make the arrest and return such defendant, without hindrance, into the county from which the warrant issued.
(Emphasis ours.) The statute is made applicable to city police officers by IC 18-1-11-4 which reads, in part, as follows: "The officers and members of the police force of every city possess all the common-law and statutory powers of constables ...." Clearly, city policemen may serve warrants in their own county although in a different city.
During the cross-examination, of King, the owner and bartender at the tavern, he was asked about closing hours, the sale of liquor without a license and gambling activities on the premises. Several of the questions were answered although possibly incriminating. The trial judge attempted to explain to King that he did not have to answer questions he felt might incriminate him. The witness became confused as to what questions he could properly refuse to answer asking at one point, what it meant to take the "Fifth." When he asked the trial judge for clarification, the judge ordered counsel for the State, defense counsel and the defendant from the courtroom and had the following discussion with the witnesses:
Q. What did you want to ask me, Mr. King.
A. I want to ask you about the law. About how much money I take in and all. Do I have to answer the question?
Q. If I deem the...
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