McCollum v. State, 1279S340
| Decision Date | 31 December 1980 |
| Docket Number | No. 1279S340,1279S340 |
| Citation | 275 Ind. 1,413 N.E.2d 912 |
| Parties | Michael Scott McCOLLUM, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Barrie C. Tremper, Public Defender, Fort Wayne, for appellant.
Theodore L. Sendak, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.
Michael Scott McCollum was found guilty by a judge of two counts of second degree murder. The court sentenced appellant to an indeterminate term of not less than fifteen (15) years nor more than twenty-five (25) years on Counts I and II, the sentences to run concurrently.
The evidence most favorable to the state reveals that on Friday afternoon, February 4, 1977, appellant called a friend and told him that appellant's parents would be leaving town at midnight that evening. He told his friend that he could "borrow" his parents' car without their permission. In fact the evidence showed that the parents had no intention of leaving town that night.
At about midnight that night, appellant went into his parents' bedroom and shot and killed both of them with a .22 caliber rifle. Next he took two shells from the rifle, inserted them into a hand gun which he then placed in his father's hand to make it appear that his father had killed appellant's mother and then committed suicide.
Appellant claims the judgment of the court below was contrary to law in that the evidence introduced was of such character as to create a reasonable doubt as to whether the accused was sane at the time the crime was committed. We note that at the time appellant committed the offense the State was required to carry the burden of proving the accused was sane at the time of the alleged crime. Lynn v. State, (1979) Ind., 392 N.E.2d 449.
When the sufficiency of the evidence is challenged on appeal, this Court will consider only that evidence most favorable to the State, together with all logical and reasonable inferences to be drawn therefrom. Charlton v. State, (1980) Ind., 408 N.E.2d 1248. This Court will not reweigh evidence nor judge the credibility of the witnesses. Such is the province of the jury. Hauger v. State, (1980) Ind., 405 N.E.2d 526, 528. Although, in the instant case, appellant was tried by a court and not a jury, the standard of review is the same. Patterson v. State, (1970) 255 Ind. 22, 262 N.E.2d 520.
Two psychiatrists testified for the defense. Both of these doctors testified that appellant was insane and could not conform his conduct to the...
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...which is most favorable to the State, together with all the reasonable and logical inferences to be drawn therefrom. McCollum v. State (1980) Ind., 413 N.E.2d 912, 913; Charlton v. State (1980) Ind., 408 N.E.2d 1248, 1249. There was ample evidence presented by the State to justify the jury'......
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