Myles v. State, No. 29116

Docket NºNo. 29116
Citation124 N.E.2d 205, 234 Ind. 129
Case DateFebruary 15, 1955
CourtSupreme Court of Indiana

Page 205

124 N.E.2d 205
234 Ind. 129
Willie E. MYLES, Appellant,
v.
STATE of Indiana, Appellee.
No. 29116.
Supreme Court of Indiana.
Feb. 15, 1955.

[234 Ind. 130] Clyde P. Miller, Indianapolis, for appellant.

Edwin K. Steers, Atty. Gen., Frank E. Spencer, Deputy Atty. Gen., for appellee.

EMMERT, Judge.

This is an appeal from a judgment on a verdict finding appellant guilty of murder in the second degree. The grand jury of Marion County returned an indictment against the appellant charging in substance that in said county he, 'Willie Buddy Myles,' on January 26, 1947, with premeditated malice did kill and murder Jesse Avery by shooting him with a pistol thereby

Page 206

inflicting a mortal wound upon him from which he died January 31, 1947. Appellant fied the state and was not arrested on this charge until December of 1950, when he was apprehended by the Federal Bureau of Investigation in Omaha, Nebraska, and returned to the jurisdiction of the Criminal Court of Marion County, Division 2. On motion of appellant, the venue of the cause was changed to Morgan County, [234 Ind. 131] where a jury trial was had. On January 23, 1952, appellant's motion for a new trial was overruled, and we granted him the right to a delayed appeal.

The assignment of errors charges the trial court erred in overruling appellant's motion for a new trial, and it also seeks to assign error in the court's finding against him on a petition for a writ of error coram nobis, which was entered May 6, 1953.

It is not necessary to consider whether appellant can prosecute a joint appeal from a judgment on the verdict convicting him, and a judgment in a proceedings for a writ of error coram nobis. Since the assignment of errors here was not filed until February 23, 1954, which is more than ninety days limited by Rule 2-40, and no leave was granted by this court to perfect a delayed appeal on the coram nobis issue, no error is properly presented as to the denial of the petition for the writ.

Appellant's motion for a new trial questions the sufficiency of the evidence to sustain the verdict. 'After conviction, we only consider the evidence most favorable to the state, and all reasonable and logical inferences that may be drawn therefrom. Keith v. State (1901), 157 Ind. 376, 61 N.E. 716; Badgley v. State (1949), 226 Ind. 665, 82 N.E.2d 841; Kallas v. State (1949), 227 Ind. 103, 83 N.E.2d 769.' Todd v. State, Ind.1954, 121 N.E.2d 726. We have carefully examined the entire record, and the jury was fully justified in finding the state had proved beyond a reasonable doubt the following facts:

Estella Rose owned a home at number 332 Agnes Street in Indianapolis, and she rented a room adjoining her bedroom to Alleene Craig, for $6 a week. Estella Rose was living with appellant, Willie Eddie Myles, [234 Ind. 132] nicknamed Buddy, and Alleene Craig was living with Jesse Avery, neither of the women being married. The night before the shooting T. C. Bolden and his friend Maggie Haase had slept all night in a day bed in Miss Craig's room.

On Saturday night, January 25, 1947, Estella Rose and appellant had gone to bed before Alleene Craig and Jesse Avery returned to the house about 11:00 p. m., with T. C. Bolden and Maggie Haase. The latter couples had been to two taverns and drunk some beer.

Appellant, before retiring, had written a note to Alleene Craig in substance demanding $1.50 extra if T.C. Bolden and Maggie Haase were going to share the room with Alleene Craig and the decedent. This...

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27 practice notes
  • Madison v. State, No. 29188
    • United States
    • Indiana Supreme Court of Indiana
    • November 4, 1955
    ...N.E. 136; Ewbank's Indiana [234 Ind. 525] Criminal Law (2d Ed.) § 889, p. 672, and authorities cited therein.' Myles v. State, Ind. 1955, 124 N.E.2d 205, 207. The jury had the right to find that when the grenade was thrown or dropped appellant had the felonious intent to injury or to kill a......
  • Kiefer v. State, No. 29580
    • United States
    • Indiana Supreme Court of Indiana
    • November 18, 1958
    ...Malice may be presumed from the intentional use of a deadly weapon in such a manner as is likely to cause death. Myles v. State, 1955, 234 Ind. 129, 133, 124 N.E.2d 205, certiorari denied 349 U.S. 932, 75 Page 901 S.Ct. 776, 99 L.Ed. 1262; Everett v. State, 1935, 208 Ind. 145, 149, 195 N.E.......
  • White v. State, No. 867S74
    • United States
    • Indiana Supreme Court of Indiana
    • August 22, 1968
    ...82; Buffkin v. State, 1914, 182 Ind. 204, 207, 106 N.E. 362; King v. State, 1918, 187 Ind. 220, 221, 118 N.E. 809; Myles v. State, 1955, 234 Ind. 129, 124 N.E.2d 205, 207, certiorari denied, 1955, 349 U.S. 932, 75 S.Ct. 776, 99 L.Ed. It may have been proper for the appellant to arm himself ......
  • Brown v. State, No. 49A02-9010-PC-626
    • United States
    • Indiana Court of Appeals of Indiana
    • March 3, 1992
    ...490. In addition, a failure to object to a juror's dissent before the discharge of the jury waives the objection. Myles v. State (1955) 234 Ind. 129, 124 N.E.2d 205, 207-08, cert. denied 349 U.S. 932, 75 S.Ct. 776, 99 L.Ed. In its direct review of the unanimity issue, our Supreme Court refu......
  • Request a trial to view additional results
27 cases
  • Madison v. State, No. 29188
    • United States
    • Indiana Supreme Court of Indiana
    • November 4, 1955
    ...N.E. 136; Ewbank's Indiana [234 Ind. 525] Criminal Law (2d Ed.) § 889, p. 672, and authorities cited therein.' Myles v. State, Ind. 1955, 124 N.E.2d 205, 207. The jury had the right to find that when the grenade was thrown or dropped appellant had the felonious intent to injury or to kill a......
  • Kiefer v. State, No. 29580
    • United States
    • Indiana Supreme Court of Indiana
    • November 18, 1958
    ...Malice may be presumed from the intentional use of a deadly weapon in such a manner as is likely to cause death. Myles v. State, 1955, 234 Ind. 129, 133, 124 N.E.2d 205, certiorari denied 349 U.S. 932, 75 Page 901 S.Ct. 776, 99 L.Ed. 1262; Everett v. State, 1935, 208 Ind. 145, 149, 195 N.E.......
  • White v. State, No. 867S74
    • United States
    • Indiana Supreme Court of Indiana
    • August 22, 1968
    ...82; Buffkin v. State, 1914, 182 Ind. 204, 207, 106 N.E. 362; King v. State, 1918, 187 Ind. 220, 221, 118 N.E. 809; Myles v. State, 1955, 234 Ind. 129, 124 N.E.2d 205, 207, certiorari denied, 1955, 349 U.S. 932, 75 S.Ct. 776, 99 L.Ed. It may have been proper for the appellant to arm himself ......
  • Brown v. State, No. 49A02-9010-PC-626
    • United States
    • Indiana Court of Appeals of Indiana
    • March 3, 1992
    ...490. In addition, a failure to object to a juror's dissent before the discharge of the jury waives the objection. Myles v. State (1955) 234 Ind. 129, 124 N.E.2d 205, 207-08, cert. denied 349 U.S. 932, 75 S.Ct. 776, 99 L.Ed. In its direct review of the unanimity issue, our Supreme Court refu......
  • Request a trial to view additional results

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