Minter v. State, 49S00-9409-CR-892
| Docket Nº | No. 49S00-9409-CR-892 |
| Citation | 653 N.E.2d 1382 |
| Case Date | July 05, 1995 |
| Court | Supreme Court of Indiana |
Page 1382
v.
STATE of Indiana, Appellee.
Belle T. Choate, Indianapolis, for appellant.
Pamela Carter, Atty. Gen., Janet L. Parsanko, Deputy Atty. Gen., Indianapolis, for appellee.
SELBY, Justice.
On appeal is whether sufficient evidence supports Minter's convictions for attempted murder, a Class A felony, and theft, a Class D felony. We hold that both convictions are supported by sufficient evidence, and affirm.
I. FACTS
On October 8, 1992, Jeffrey C. Taft worked as a security officer for Venture Stores, Inc. Taft observed George Minter placing two drills into a red satchel under his fatigue jacket. Taft followed Minter outside the store, identified himself as a security officer, and asked Minter to return to the store. Minter pushed Taft, and fled on foot. Taft pursued Minter first by automobile, and then on foot after locating him at the nearby Crosswinds Apartments. As Taft approached, Minter brandished a knife approximately four inches long, and threatened to stab Taft if he did not "get back." Taft drew his gun and ordered Minter to the ground. Minter knelt, but as Taft attempted to handcuff him, Minter turned and stabbed Taft in the back. The knife blade broke off in Taft's back. Minter then bit Taft and struck him. Minter took Taft's gun, picked up his field jacket and the red satchel, and fled. Officers subsequently apprehended Minter, and recovered the gun behind an apartment in the complex. After a jury trial, Minter was convicted of attempted murder and theft, and received sentences of eighty years (80) and three (3) years, to be served concurrently. 1
Page 1383
II. STANDARD OF REVIEW
When reviewing insufficiency of evidence claims, we do not reweigh the evidence or judge credibility. Alfaro v. State (1985), Ind., 478 N.E.2d 670, 672. We consider only the evidence most favorable to the verdict, taking all reasonable and logical inferences from the evidence. Id. We will not overturn the verdict if it is supported by substantial evidence of probative value. Id.
III. DISCUSSION
A. Attempted Murder
To establish an attempt, the State must prove that the defendant acted with the culpability required, and that the defendant engaged in conduct constituting a substantial step toward commission of the crime. Harris v. State (1981), Ind., 425 N.E.2d 112, 115. To prove attempted murder, the State must prove that the defendant acted...
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Crain v. State, 29S00-9803-CR-180.
...that evidence and those inferences, we find substantial evidence of probative value to support the judgment. Minter v. State, 653 N.E.2d 1382, 1383 Whether the defendant was so intoxicated that he could not form the mens rea required for the crime is a question for the trier of fact. See Ow......
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Mitchem v. State, 71S00-9604-CR-00294
...intent to kill and (2) defendant engaged in conduct constituting a substantial step toward commission of the crime. Minter v. State, 653 N.E.2d 1382, 1383 (Ind.1995). "Intent may be inferred from the use of a deadly weapon in a manner likely to cause death or great bodily harm." Johnson v. ......
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Cohen v. State, 45A04-9809-CR-467.
...engaged in conduct that constituted a substantial step toward the commission of the crime.8 IND. CODE § 35-41-5-1(a); Minter v. State, 653 N.E.2d 1382, 1383 (Ind.1995). "In Indiana, the law of attempt focuses on the substantial step the defendant has completed, not on what was left undone."......
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Powers v. State, 82S00-9706-CR-00389
...that evidence and those inferences, we find substantial evidence of probative value to support the judgment. Minter v. State, 653 N.E.2d 1382, 1383 Page 870 To prove that defendant acted knowingly, the State had to prove that he was aware of a high probability that his conduct would result ......
-
Crain v. State, 29S00-9803-CR-180.
...that evidence and those inferences, we find substantial evidence of probative value to support the judgment. Minter v. State, 653 N.E.2d 1382, 1383 Whether the defendant was so intoxicated that he could not form the mens rea required for the crime is a question for the trier of fact. See Ow......
-
Mitchem v. State, 71S00-9604-CR-00294
...intent to kill and (2) defendant engaged in conduct constituting a substantial step toward commission of the crime. Minter v. State, 653 N.E.2d 1382, 1383 (Ind.1995). "Intent may be inferred from the use of a deadly weapon in a manner likely to cause death or great bodily harm." Johnson v. ......
-
Cohen v. State, 45A04-9809-CR-467.
...engaged in conduct that constituted a substantial step toward the commission of the crime.8 IND. CODE § 35-41-5-1(a); Minter v. State, 653 N.E.2d 1382, 1383 (Ind.1995). "In Indiana, the law of attempt focuses on the substantial step the defendant has completed, not on what was left undone."......
-
Powers v. State, 82S00-9706-CR-00389
...that evidence and those inferences, we find substantial evidence of probative value to support the judgment. Minter v. State, 653 N.E.2d 1382, 1383 Page 870 To prove that defendant acted knowingly, the State had to prove that he was aware of a high probability that his conduct would result ......