McAfee v. State, No. 1171S324

Docket NºNo. 1171S324
Citation259 Ind. 687, 291 N.E.2d 554
Case DateJanuary 19, 1973
CourtSupreme Court of Indiana

Page 554

291 N.E.2d 554
259 Ind. 687
Robert Lewis McAFEE, Appellant,
v.
STATE of Indiana, Appellee.
No. 1171S324.
Supreme Court of Indiana.
Jan. 19, 1973.
Rehearing Denied March 16, 1973.

Page 555

Harriette Bailey Conn, Public Defender, Carl L. Darden, Sr., Deputy Public Defender, for appellant.

Theo. L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., for appellee.

PRENTICE, Justice.

Defendant (Appellant) was convicted, in a trial to the court, of uttering a false instrument and was [259 Ind. 688] sentenced to imprisonment for not less than two nor more than fourteen years. This appeal is addressed only to the sufficiency of the evidence, it being charged that the State failed to prove the elements of knowledge of falsity and intent to defraud, both of which are essential to a conviction.

The State's evidence is not in dispute and discloses that the defendant and his co-defendant, Emma Easley, went to Lee's Liquor Store, where Emma presented the check to the shop owner for payment, while the defendant, who had endorsed it, waited outside in an automobile. The shop owner suspected the check, which was made payable to the defendant, to be fraudulent and requested Emma to get the defendant. At the same time, he summoned the police by means of an electronic alarm system. The check was drawn upon the account of Midwest Auto Auctions, Inc., from whom it had been stolen, but was signed 'E. B. Edward,' who was neither an employee of Midwest nor an authorized signatory upon the account. The defendant testified that the check had been given to him by a Mr. Swanigan, a fellow employee, whom he knew by sight but concerning whom he knew nothing more and that it was given to him in payment for several days work he had performed earlier. He further testified that he did not know his employer, from whom he assumed the payment came, but that it was not Midwest Auto Auctions, Inc. and that he had observed that the check was drawn on Midwest Auto Auctions, Inc. and wondered about it, but he did not inquire of Swanigan upon the question. When the defendant entered the shop, as requested by the shop owner, he was instructed by the owner to write his address under his endorsement, which he did. The check was

Page 556

admitted into evidence. The amount for which it was drawn had been embossed thereon by a checkwriting machine. The name of the drawer and of the bank upon which it was drawn were printed. The name of the payee was entered in longhand....

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89 practice notes
  • Robinson v. State, No. 2-1072A80
    • United States
    • Indiana Court of Appeals of Indiana
    • April 15, 1974
    ...It seems to me that this principle was and is compelled by decisions of the Indiana Supreme Court, e. g., McAfee v. State (1973) Ind., 291 N.E.2d 554; White v. State (1948) 226 Ind. 309, 79 N.E.2d 771. Furthermore, each of the three districts of the Court of Appeals have so held. Hardy v. S......
  • Cloman v. State, No. 4489
    • United States
    • United States State Supreme Court of Wyoming
    • January 31, 1978
    ...which tends to support the finding of the trial court. Atkins v. State (1974), 159 Ind.App. 387, 307 N.E.2d 73; McAfee v. State (1973), 259 Ind. 687, 291 N.E.2d 554; Glover v. State (1973), 157 Ind.App. 532, 300 N.E.2d PREMEDITATED MURDER Applying those rules, we believe the recitation of f......
  • Rogers v. State, No. 1072S143
    • United States
    • Indiana Supreme Court of Indiana
    • September 4, 1974
    ...review applies to cases, like this one, which involve in some degree or another circumstantial evidence. McAfee v. State (1973), Ind., 291 N.E.2d 554; Stice v. State (1950), 228 Ind. 144, 89 N.E.2d 915; Petillo v. State (1950), 228 Ind. 97, 89 N.E.2d 623. Without this principle the integrit......
  • Ruetz v. State, No. 175S22
    • United States
    • March 9, 1978
    ...every reasonable hypothesis of innocence." Compare Manlove v. State (1968), 250 Ind. 70, 232 N.E.2d 874, with McAfee v. State (1973), 259 Ind. 687, 291 N.E.2d 554. This question is not a new one, but is rather the subject of a long-standing Page 157 and continuing debate on this court. See,......
  • Request a trial to view additional results
89 cases
  • Robinson v. State, No. 2-1072A80
    • United States
    • Indiana Court of Appeals of Indiana
    • April 15, 1974
    ...It seems to me that this principle was and is compelled by decisions of the Indiana Supreme Court, e. g., McAfee v. State (1973) Ind., 291 N.E.2d 554; White v. State (1948) 226 Ind. 309, 79 N.E.2d 771. Furthermore, each of the three districts of the Court of Appeals have so held. Hardy v. S......
  • Cloman v. State, No. 4489
    • United States
    • United States State Supreme Court of Wyoming
    • January 31, 1978
    ...which tends to support the finding of the trial court. Atkins v. State (1974), 159 Ind.App. 387, 307 N.E.2d 73; McAfee v. State (1973), 259 Ind. 687, 291 N.E.2d 554; Glover v. State (1973), 157 Ind.App. 532, 300 N.E.2d PREMEDITATED MURDER Applying those rules, we believe the recitation of f......
  • Rogers v. State, No. 1072S143
    • United States
    • Indiana Supreme Court of Indiana
    • September 4, 1974
    ...review applies to cases, like this one, which involve in some degree or another circumstantial evidence. McAfee v. State (1973), Ind., 291 N.E.2d 554; Stice v. State (1950), 228 Ind. 144, 89 N.E.2d 915; Petillo v. State (1950), 228 Ind. 97, 89 N.E.2d 623. Without this principle the integrit......
  • Ruetz v. State, No. 175S22
    • United States
    • March 9, 1978
    ...every reasonable hypothesis of innocence." Compare Manlove v. State (1968), 250 Ind. 70, 232 N.E.2d 874, with McAfee v. State (1973), 259 Ind. 687, 291 N.E.2d 554. This question is not a new one, but is rather the subject of a long-standing Page 157 and continuing debate on this court. See,......
  • Request a trial to view additional results

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