McKinley v. State, 1070S258

CourtSupreme Court of Indiana
Citation258 Ind. 348,281 N.E.2d 91
Docket NumberNo. 1070S258,1070S258
PartiesMichael McKINLEY, Appellant, v. STATE of Indiana, Appellee.
Decision Date14 April 1972

Palmer K. Ward, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., William F. Thompson, Asst. Atty. Gen., for appellee.

DeBRULER, Justice.

This is an appeal from a conviction for robbery in a trial without jury in the Marion Criminal Court, No. 2. Appellant's first allegation is that there was insufficient evidence to sustain the trial court finding of guilty. In reviewing the allegation of insufficient evidence this Court will not weigh the evidence nor resolve questions of credibility of witnesses, but will look to that evidence and the reasonable inferences therefrom which support the finding of the trial court. Asher v. State (1969), Ind., 244 N.E.2d 89. The conviction will be affirmed if from that viewpoint there is evidence of probative value from which the trier of fact could reasonably infer that the appellant was guilty beyond a reasonable doubt. Smith v. State (1970), Ind., 260 N.E.2d 558.

Appellant was convicted under I.C.1971, 35--13--4--6, being Burns' § 10--4101, which reads in pertinent part:

'Whoever takes from the person of another any article of value by violence or by putting in fear, is guilty of robbery. . . .'

The charging affidavit in this case states that the appellant 'did then and there unlawfully, feloniously, forcibly by violence and by putting Mabel Wilson, in fear with a firearm, to-wit: revolver. . . .' rob her.

Appellant's specific argument is that the affidavit charged robbery by violence and by putting in fear and there was no evidence of the use of violence by appellant. The facts are not in dispute. On January 18, 1968, Mabel Wilson was employed as a clerk in a retail store in Marion County. At approximately 3:00 p.m. appellant attempted to purchase merchandise with a credit card. Wilson called the bank and then refused to honor the card. She then testified as follows:

'I told him he couldn't have his merchandise and he said, 'How about the card?', and I said, 'You can't have it either'. So then he pulled the gun out of his pocket and pointed it at me, which of course, I was scared, and he started around the counter and told me to lay down on the floor, and I've got a little room in the back back there and I says, 'You want me to lay down here or in the back?', and he says, 'In the back', so, I went back there. He took the money out of the cash register. Then he told me to come out and get a sack. Well, at first I thought he wanted a little sack to put his money in. So I handed him a little sack and he said, 'No, I want it to put the merchandise in'. So I got a sack and started putting the merchandise in it, and that one sack wouldn't hold it. He told me to get another one and hurry up about it, and I says, 'Well, I'm working fast as I can. I can't...

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13 cases
  • Blackburn v. State, 370S43
    • United States
    • Indiana Supreme Court of Indiana
    • January 24, 1973
    ...Ind.,281 N.E.2d 815, rehearing denied; Buise v. State (1972), Ind., 281 N.E.2d 93, rehearing denied; McKinley v. State (1972), Ind., 281 N.E.2d 91, rehearing The statute defining murder in the second degree which was in effect at the time this case was tried reads as follows: Whoever, purpo......
  • Shank v. State, 3--772A30
    • United States
    • Indiana Court of Appeals of Indiana
    • November 21, 1972
    ...which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. McKinley v. State (1972), Ind., 281 N.E.2d 91, 92; Harris v. State (1972), Ind., 281 N.E.2d 85, 86. A conviction may be supported wholly by circumstantial evidence if it is of such probat......
  • Walker v. State, 3--972A62
    • United States
    • Indiana Court of Appeals of Indiana
    • March 7, 1973
    ...convicted. See Ringer v. State, Ind., 281 N.E.2d 815 (1972), Buise v. State, Ind., 281 N.E.2d 93 (1972); and McKinley v. State, Ind., 281 N.E.2d 91 It is also well established that a conviction may be sustained even though it is based wholly on circumstantial evidence. See Miller v. State, ......
  • Ervin v. State, 372A132
    • United States
    • Indiana Court of Appeals of Indiana
    • November 16, 1972
    ...from which the trier of fact could reasonably infer that defendant was guilty beyond a reasonable doubt. McKinley v. State (1972), Ind., 281 N.E.2d 91, 92; Harris v. State (1972), Ind., 281 N.E.2d 85, In the instant case, a review of the evidence in the record before us in support of the ve......
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