Martin v. State, No. 873S168

Docket NºNo. 873S168
Citation306 N.E.2d 93, 261 Ind. 492
Case DateJanuary 29, 1974

Page 93

306 N.E.2d 93
261 Ind. 492
Leroy MARTIN, Appellant,
v.
STATE of Indiana, Appellee.
No. 873S168.
Supreme Court of Indiana.
Jan. 29, 1974.

[261 Ind. 493] W. Henry Walker, Walker & Walker, East Chicago, for appellant.

Theodore L. Sendak, Atty. Gen., Robert A. Zaban, Deputy Atty. Gen., Indianapolis, for appellee.

ARTERBURN, Chief Justice.

On March 21, 1973, Leory Martin was charged, by indictment, with the first degree murder of Willie Garrett. Martin, claiming self-defense, pled not guilty. Briefly, the story is that the appellant, Leroy Martin, saw Willie Garrett (an exconvict who believed Martin had done the 'snitching' which resulted in Garrett's imprisonment) at a funeral home. When Garrett hailed Martin and approached him on the steps of the funeral home, Martin drew a gun and shot Garrett three times.

Page 94

Garrett apparently drew no weapon nor possessed one at the time of the shooting.

Appellant's first contention is that the array of the jury was improper. He offers no evidence other than the fact 'that many of these listed veniremen are in alphabetical order, in a manner which would appear unlikely that they were drawn by lot as set forth in the statute.' IC 1971, 33--15--22--1, (Burns' Ind.Stat.Ann. § 4--7118 (1956 Repl.).) Nevertheless, appellant in his brief admits that the only positive evidence on this issue is the testimony of a jury commissioner that the commissioners followed the statutory procedure. Therefore, we can find no ground for reversible error in the respect urged.

During the course of the trial the appellant took the witness stand on his own behalf. He opened up the area of his prior criminal record. That is, he testified on direct examination as to his 'conflicts with the law.' The State, on cross-examination, pursued these matters. One of these incidents was an assault and battery upon his step-father. Appellant objected to such cross-examination. The court ordered that the testimony be stricken and that the jury disregard the testimony. Also on cross-examination, the State brought out a conviction for a narcotics midemeanor. Appellant objected to this line of questioning.

[261 Ind. 494] As to the assault and battery conviction, appellant does not attempt to show that the Court's curative admonishment was not sufficient even if it is assumed the cross-examination was improper. The admonition to disregard is presumed to correct any alleged error. Ward v. State (1965), 246 Ind. 374, 205 N.E.2d 148...

To continue reading

Request your trial
26 practice notes
  • Stacks v. State, No. 3-1175A263
    • United States
    • Indiana Court of Appeals of Indiana
    • February 22, 1978
    ...failed to show that the court's admonition was insufficient to cure any harm caused by Dr. Gutierrez's statement. Martin v. State (1974), 261 Ind. 492, 306 N.E.2d 93; Young v. State (1970), 254 Ind. 379, 260 N.E.2d 572. He has failed to show that the statement was a deliberate attempt by th......
  • Thomas v. State, No. 2--1073A211
    • United States
    • Indiana Court of Appeals of Indiana
    • July 1, 1975
    ...35--1--35--1, Ind.Ann.Stat. § 9--1805 (Burns 1956); CR. 8; Loza v. State (1975), Ind., 325 N.E.2d 173, 174; Martin v. State (1974), Ind., 306 N.E.2d 93, [164 Ind.App. 652] 94; Hunt v. State (1973), Ind., 296 N.E.2d 116, 120; Bonds v. State (1972), 258 Ind. 241, 280 N.E.2d 313, 315--316; Sum......
  • Morse v. State
    • United States
    • Indiana Supreme Court of Indiana
    • March 5, 1981
    ...(1977) 266 Ind. 276, 283-84, 362 N.E.2d 834, 839; Carmon v. State, (1976) 265 Ind. 1, 7, 349 N.E.2d 167, 171; Martin v. State, (1974) 261 Ind. 492, 494, 306 N.E.2d 93, The defendant asserts that the admonishment was insufficient, in light of prior prosecutorial indiscretions. However, she c......
  • Beasley v. State, No. 576S155
    • United States
    • Indiana Supreme Court of Indiana
    • December 16, 1977
    ...[267 Ind. 404] error. Phelps v. State, (1977) Ind., 360 N.E.2d 191; Hudson v. State, (1976) Ind., 354 N.E.2d 164; Martin v. State, (1974) 261 Ind. 492, 306 N.E.2d ISSUE IV Ind.Code 1975, 35-8-2-1 provides that the jury must assess the fine and fix the punishment in certain cases, one of whi......
  • Request a trial to view additional results
26 cases
  • Stacks v. State, No. 3-1175A263
    • United States
    • Indiana Court of Appeals of Indiana
    • February 22, 1978
    ...failed to show that the court's admonition was insufficient to cure any harm caused by Dr. Gutierrez's statement. Martin v. State (1974), 261 Ind. 492, 306 N.E.2d 93; Young v. State (1970), 254 Ind. 379, 260 N.E.2d 572. He has failed to show that the statement was a deliberate attempt by th......
  • Thomas v. State, No. 2--1073A211
    • United States
    • Indiana Court of Appeals of Indiana
    • July 1, 1975
    ...35--1--35--1, Ind.Ann.Stat. § 9--1805 (Burns 1956); CR. 8; Loza v. State (1975), Ind., 325 N.E.2d 173, 174; Martin v. State (1974), Ind., 306 N.E.2d 93, [164 Ind.App. 652] 94; Hunt v. State (1973), Ind., 296 N.E.2d 116, 120; Bonds v. State (1972), 258 Ind. 241, 280 N.E.2d 313, 315--316; Sum......
  • Morse v. State
    • United States
    • Indiana Supreme Court of Indiana
    • March 5, 1981
    ...(1977) 266 Ind. 276, 283-84, 362 N.E.2d 834, 839; Carmon v. State, (1976) 265 Ind. 1, 7, 349 N.E.2d 167, 171; Martin v. State, (1974) 261 Ind. 492, 494, 306 N.E.2d 93, The defendant asserts that the admonishment was insufficient, in light of prior prosecutorial indiscretions. However, she c......
  • Beasley v. State, No. 576S155
    • United States
    • Indiana Supreme Court of Indiana
    • December 16, 1977
    ...[267 Ind. 404] error. Phelps v. State, (1977) Ind., 360 N.E.2d 191; Hudson v. State, (1976) Ind., 354 N.E.2d 164; Martin v. State, (1974) 261 Ind. 492, 306 N.E.2d ISSUE IV Ind.Code 1975, 35-8-2-1 provides that the jury must assess the fine and fix the punishment in certain cases, one of whi......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT