Owens v. State, No. 777

Docket NºNo. 777
Citation268 Ind. 326, 375 N.E.2d 203
Case DateMay 01, 1978

Page 203

375 N.E.2d 203
268 Ind. 326
Thomas OWENS, Appellant,
v.
STATE of Indiana, Appellee.
No. 777 S 504.
Supreme Court of Indiana.
May 1, 1978.

Page 204

Robert E. Hughes, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Daniel Lee Pflum, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

This is an appeal from convictions for kidnapping, Ind.Code § 35-1-55-1 (Burns 1975) and assault and [268 Ind. 327] battery with intent to commit rape, Ind.Code § 35-1-54-3 (Burns 1975), both statutes repealed effective October 1, 1977. Appellant was found guilty following a trial by jury in Marion Criminal Court, Division Four, and sentenced accordingly.

The evidence tending to support the verdicts of guilty informed the jury that at about 3:00 o'clock in the morning on June 20, 1974, appellant and a fellow worker, Wiley Smith, left a bar in Indianapolis at closing time in Smith's car with Smith at the wheel. At this same time the prosecuting witness, a young woman, left a nearby bar on foot, and was standing on the sidewalk waiting for a girlfriend to join her from the bar. She was sighted by appellant and Smith; the car was stopped along side her; appellant forced her into the car, and the car was driven off. During the ensuing ride through Indianapolis streets, she was rudely grabbed about the breast and pubic area and was told that if she screamed her brains would be blown out. She was told to kiss Smith and when she refused she was struck in the mouth by appellant. She repeatedly begged to be released but was refused. She heard them plan to take her to a reservoir area, and was told that they were going to have sexual intercourse with her. The car passed two police officers who had pulled another car over on the street. She managed to get her head out the window, and by yelling and waving her arms attracted the officers who stopped the car and rescued her.

Appellant took the witness stand and testified that Smith had invited the prosecuting witness into the car and that she had gotten in voluntarily. He further stated that she was a prostitute who became enraged when they refused to agree to pay her money and who rumpled her own clothing, feigned distress and sought police help in retaliation. He further testified that he hit her because she had impugned his mother's character by calling him a son of a bitch.

Appellant first contends that the verdict of the jury finding him guilty of kidnapping is not sustained by...

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6 practice notes
  • Butler v. State, No. 2-577-A-155
    • United States
    • Indiana Court of Appeals of Indiana
    • October 2, 1978
    ...of the evidence or the credibility of the witnesses. Rosell v. State (1976), Ind., 352 N.E.2d 750. See, Owens v. State (1978), Ind., 375 N.E.2d 203; Hudson v. State (1978), Ind., 375 N.E.2d 195; Brandon v. State (1978), Ind., 374 N.E.2d 504; Grimm v. State (1978), Ind., 374 N.E.2d In this c......
  • Williams v. State, No. 1281S365
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1983
    ...denied because he failed to establish that this evidence would have been exculpatory or that any other statements existed. Id. at 325, 375 N.E.2d at 203. Defendant does not show that any records exist that the State failed to furnish and, furthermore, does not show that if records had been ......
  • Johnson v. State, No. 2-1277A447
    • United States
    • Indiana Court of Appeals of Indiana
    • September 18, 1978
    ...weight of the evidence or the credibility of the witnesses. Rosell v. State (1976) Ind., 352 N.E.2d 750. Owens v. State (1978), Ind., 375 N.E.2d 203; Hudson v. State (1978), Ind., 375 N.E.2d 195; Brandon v. State (1978), Ind., 374 N.E.2d 504; Grimm v. State (1978), Ind., 374 N.E.2d The evid......
  • Moore v. State, No. 2-1177A426
    • United States
    • Indiana Court of Appeals of Indiana
    • October 23, 1978
    ...of the evidence or the credibility of the witnesses. Rosell v. State (1976), Ind., 352 N.E.2d 750. See, Owens v. State (1978), Ind., 375 N.E.2d 203; Hudson v. State (1978), Ind., 375 N.E.2d 195; Brandon v. State (1978), Ind., 374 N.E.2d 504; Grimm v. State (1978), Ind., 374 N.E.2d In his br......
  • Request a trial to view additional results
6 cases
  • Butler v. State, No. 2-577-A-155
    • United States
    • Indiana Court of Appeals of Indiana
    • October 2, 1978
    ...of the evidence or the credibility of the witnesses. Rosell v. State (1976), Ind., 352 N.E.2d 750. See, Owens v. State (1978), Ind., 375 N.E.2d 203; Hudson v. State (1978), Ind., 375 N.E.2d 195; Brandon v. State (1978), Ind., 374 N.E.2d 504; Grimm v. State (1978), Ind., 374 N.E.2d In this c......
  • Williams v. State, No. 1281S365
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1983
    ...denied because he failed to establish that this evidence would have been exculpatory or that any other statements existed. Id. at 325, 375 N.E.2d at 203. Defendant does not show that any records exist that the State failed to furnish and, furthermore, does not show that if records had been ......
  • Johnson v. State, No. 2-1277A447
    • United States
    • Indiana Court of Appeals of Indiana
    • September 18, 1978
    ...weight of the evidence or the credibility of the witnesses. Rosell v. State (1976) Ind., 352 N.E.2d 750. Owens v. State (1978), Ind., 375 N.E.2d 203; Hudson v. State (1978), Ind., 375 N.E.2d 195; Brandon v. State (1978), Ind., 374 N.E.2d 504; Grimm v. State (1978), Ind., 374 N.E.2d The evid......
  • Moore v. State, No. 2-1177A426
    • United States
    • Indiana Court of Appeals of Indiana
    • October 23, 1978
    ...of the evidence or the credibility of the witnesses. Rosell v. State (1976), Ind., 352 N.E.2d 750. See, Owens v. State (1978), Ind., 375 N.E.2d 203; Hudson v. State (1978), Ind., 375 N.E.2d 195; Brandon v. State (1978), Ind., 374 N.E.2d 504; Grimm v. State (1978), Ind., 374 N.E.2d In his br......
  • Request a trial to view additional results

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