Musick v. State
Decision Date | 05 April 1972 |
Docket Number | No. 871S243,871S243 |
Citation | 280 N.E.2d 602,258 Ind. 295 |
Parties | Charles Bud MUSICK, Appellant, v. STATE of Indiana, Appellee. |
Court | Indiana Supreme Court |
Frederick F. McClellan, Muncie, for appellant.
Theodore L. Sendak, Atty. Gen., Michael Schaefer, Deputy Atty. Gen., for appellee.
This is an appeal by Charles Musick from a judgment in the Randolph Circuit Court convicting him of the crime of Second Degree Burglary. Trial was to a jury, and upon conviction appellant was sentenced to the Indiana State Prison for a term of not less than two (2) years nor more than five (5) years. Appellant's Motion to Correct Errors was overruled, and this appeal followed.
Appellant was charged by Affidavit which, omitting the caption, reads as follows:
On appeal, appellant contends that the State failed to prove that George Polley owned or had any proprietary interest in the Polley Farm Store in Lynn, Indiana, which is the building that was allegedly burglarized. We do not agree.
It is well established in the law that the crime of burglary is an offense against the possession of property and not against the ownership thereof. See, Jay v. State (1965), 246 Ind. 534, 206 N.E.2d 128; Bradley v. State (1964), 244 Ind. 630, 195 N.E.2d 347. In the case at bar, Mr. Polley testified that he operated the Polley Farm Store; he testified that he conducted his business transactions there; throughout his testimony, he referred to the store as 'our store' and 'our place of business.' This Court is of the opinion that the above uncontradicted testimony is sufficient to establish that George Polley was in possession of the premises allegedly burglarized by the appellant. Thus it was unnecessary for the State to establish absolute ownership of the premises in question, and such allegation in the Affidavit may be treated as mere surplusage. See, Jay v. State, supra.
The appellant's remaining assignment of error concerns the correctness of Final Instruction Number 7 which was given to the jury. The instruction set forth, verbatim, the language...
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Bieghler v. State
...... The trial court struck this provision. It is generally proper to give instructions in the exact language of the statute when the statutory language is not unconstitutionally vague or misleading. Musick v. State, (1972) 258 Ind. 295, 280 N.E.2d 602, reh. denied; Joy v. State, (1984) Ind.App., 460 N.E.2d 551. Furthermore, a particular instruction will not warrant reversal unless the created error is of such a nature that the whole charge of which it forms a part misleads the jury as to the law of ......
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Vaughan v. State
...... 8 Where the statutory language is not unconstitutionally . Page 6 . vague or misleading, it is generally acceptable to give instructions in the exact language of the statute. See Taylor v. State, (1981) Ind., 420 N.E.2d 1231, 1234; Musick v. State, (1972) 258 Ind. 295, 297, 280 N.E.2d 602, 603-04; Zarnik v. State, (1977) 172 Ind.App. 593, 604, 361 N.E.2d 202, 208. See also Basham v. State, (1981) Ind., 422 N.E.2d 1206, 1209-10. . Vaughan has not challenged the language of the statute nor claimed it to be ......
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Dixon v. State
...... 3 . Generally it is not erroneous to give an instruction in the language of the applicable statute, Musick v. State, (1972) 258 Ind. 295, 280 N.E.2d 602; Zarnik v. State, (1977) 172 Ind.App. 593, 361 N.E.2d 202, but within Instruction No. 4, the jury was advised this statutory section which they were being given defined "Child Molesting Class A as charged in Count I of the Information." (emphasis ......
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Ellyson v. State, 27A04-9204-CR-120
...... Thus, husband's unauthorized entry constituted burglary, it contends. State v. Dively (1982), Ind., 431 N.E.2d 540, 543; Musick v. State (1972), 258 Ind. 295, 280 N.E.2d 602, 603. We agree with the state. IC 35-41-1-23 reads, in part:. . . . . . (b) Property is that "of another person" if the other person has a possessory or proprietary interest in it, even if an accused person also has an ......