Napier v. State, No. 373S55

Docket NºNo. 373S55
Citation298 N.E.2d 427, 260 Ind. 614
Case DateJuly 17, 1973

Page 427

298 N.E.2d 427
260 Ind. 614
Billy NAPIER, Appellant,
v.
STATE of Indiana, Appellee.
No. 373S55.
Supreme Court of Indiana.
July 17, 1973.

[260 Ind. 615] Robert S. McCain, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Lynda F. Huppert, Deputy Atty. Gen., Indianapolis, for appellee.

ARTERBURN, Chief Justice.

Defendant-appellant, Billy Napier, was charged by indictment with the crime of second-degree murder in the shooting death of Patrick M. Rhine on May 23, 1972. Appellant pleaded not guilty and trial was had before a jury in the Allen Circuit Court on August 29, 1972. The jury returned a verdict of guilty as charged and thereafter, on September 25, 1972, the trial court entered judgment and sentenced the Appellant to imprisonment in the Indiana State Prison for a period of not less than fifteen (15) nor more than twenty-five (25) years. On September 28, 1972, the Appellant filed his Motion to Correct Errors. It is from the overruling of that motion that this appeal is taken.

The sole issue raised in this appeal is whether the evidence is sufficient to sustain the jury's verdict of guilty as to the charge of second-degree murder. When the sufficiency of evidence is raised on appeal, this Court will neither weigh the evidence nor resolve questions concerning [260 Ind. 616] the credibility of witnesses. Only than evidence most favorable to the state will be considered together with all reasonable inferences to be drawn therefrom, and if, from that viewpoint, there is substantial evidence of probative value to establish every

Page 428

material element of the crime beyond a reasonable doubt, the verdict will not be disturbed. Moore v. State (1973), Ind., 293 N.E.2d 28; Dunn v. State (1973), Ind., 293 N.E.2d 32; Wardlaw v. State (1972), Ind., 286 N.E.2d 649; Lee v. State (1972), Ind., 286 N.E.2d 840. The evidence most favorable to the state discloses the following facts.

On March 23, 1972, the Appellant, Billy Napier, was at the Press Box Tavern located in Fort Wayne, Indiana. He was engaged in a pool game with Donald Coe, Thomas Pollum, and Patrick Rhine, the deceased. As the game progressed, the Appellant and Donald Coe twice became involved in arguments over what the Appellant thought were Coe's illegal shots. As a result of the arguments, the game broke up when the owner of the bar ordered the parties to settle their dispute elsewhere. All of the players, with the exception of the Appellant, left the tavern by way...

To continue reading

Request your trial
9 practice notes
  • Lowe v. State, No. 672S83
    • United States
    • July 17, 1973
    ...statement. At one point the complains, 'Counsel's cross examination served simply to re-emphasize salient points of the state's case and [260 Ind. 614] give the complaining witness additional stature.' Defense counsel may have tried to avoid just that in this case. We believe that this defe......
  • Coleman v. State, Nos. 975S213
    • United States
    • Indiana Supreme Court of Indiana
    • September 21, 1976
    ...the law transfers them to the person killed, and the crime is murder.' 15 I.L.E. Homicide § 14 at 299 (1959); Napier v. State, (1973) 260 Ind. 614, 298 N.E.2d Page 236 II. Appellants Collins and Washington raise a second issue. It is their contention that they were denied their right to a s......
  • O'Hara v. State, No. 2--374A74
    • United States
    • Indiana Court of Appeals of Indiana
    • July 9, 1975
    ...this Court's review of the sufficiency of evidence are summarized Page 398 by the following passage from Napier v. State (1973), Ind., 298 N.E.2d 427, 'When the sufficiency of evidence is raised on appeal, this Court will neither weigh the evidence nor resolve questions concerning the credi......
  • Tucker v. State, No. 1281S345
    • United States
    • Indiana Supreme Court of Indiana
    • January 21, 1983
    ...intent is transferred from the person against whom it was directed to the person actually injured. See, Napier v. State, (1973) 260 Ind. 614, 298 N.E.2d 427; Matthews v. State, (1958) 237 Ind. 677, 148 N.E.2d 334. Thus, there was sufficient evidence to support the jury's verdict that defend......
  • Request a trial to view additional results
9 cases
  • Lowe v. State, No. 672S83
    • United States
    • July 17, 1973
    ...statement. At one point the complains, 'Counsel's cross examination served simply to re-emphasize salient points of the state's case and [260 Ind. 614] give the complaining witness additional stature.' Defense counsel may have tried to avoid just that in this case. We believe that this defe......
  • Coleman v. State, Nos. 975S213
    • United States
    • Indiana Supreme Court of Indiana
    • September 21, 1976
    ...the law transfers them to the person killed, and the crime is murder.' 15 I.L.E. Homicide § 14 at 299 (1959); Napier v. State, (1973) 260 Ind. 614, 298 N.E.2d Page 236 II. Appellants Collins and Washington raise a second issue. It is their contention that they were denied their right to a s......
  • O'Hara v. State, No. 2--374A74
    • United States
    • Indiana Court of Appeals of Indiana
    • July 9, 1975
    ...this Court's review of the sufficiency of evidence are summarized Page 398 by the following passage from Napier v. State (1973), Ind., 298 N.E.2d 427, 'When the sufficiency of evidence is raised on appeal, this Court will neither weigh the evidence nor resolve questions concerning the credi......
  • Tucker v. State, No. 1281S345
    • United States
    • Indiana Supreme Court of Indiana
    • January 21, 1983
    ...intent is transferred from the person against whom it was directed to the person actually injured. See, Napier v. State, (1973) 260 Ind. 614, 298 N.E.2d 427; Matthews v. State, (1958) 237 Ind. 677, 148 N.E.2d 334. Thus, there was sufficient evidence to support the jury's verdict that defend......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT