Perkins v. State, 173S1
| Decision Date | 26 September 1973 |
| Docket Number | No. 173S1,173S1 |
| Citation | 261 Ind. 209,301 N.E.2d 513 |
| Parties | Robert Lee PERKINS, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Larry J. Wallace, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen. of Indiana, Darrel K. Diamond, Deputy Atty. Gen., Indianapolis, for appellee.
Appellant was charged by affidavit in two counts: 1) robbery and 2) infliction of physical injury in the commission of a robbery. Trial by court resulted in a finding of guilty on both charges. Appellant was sentenced to life imprisonment and committed to the custody of the Department of Correction for confinement and classification.
The record reveals the following evidence:
At approximately 9:30 P.M. on January 19, 1972, Mrs. Millie Warfield was a passenger in a car driven by her husband. As they reached their home at 3318 Orchard Street, Indianapolis, Indiana, Mrs. Warfield unlocked her car door. Appellant opened the door from the outside and stabbed Mrs. Warfield in the arm. He continued to threaten Mrs. Warfield with a knife and threatened to kill her if her husband attempted to come to her aid. Appellant demanded Mrs. Warfield's purse, which contained $1.50 in cash and a watch. After taking the purse, appellant ran from the scene.
Although the robbery occurred at night, Mr. and Mrs. Warfield testified that they could see the appellant clearly as the area was lighted by the nearby porch light of the victim's house and the dome light in the car, which came on when appellant opened the door.
Appellant first claims the judgment of the court was not supported by sufficient evidence on all necessary elements of the crime. This Court will consider only that evidence most favorable to the State, together with all reasonable and logical inferences which may be drawn therefrom. Hash v. State (1973), Ind., 291 N.E.2d 367, 34 Ind.Dec. 635.
Appellant claims a fatal variance between the charging affidavit and the evidence as to the value of the property taken. The amended affidavit charged appellant with the taking of money and property of the value of $11.70. The evidence shows the taking of $1.50 in cash plus other property. In Prophet v. State (1960), 241 Ind. 57, 62, 168 N.E.2d 189, this Court was confronted with the same issue in the form of an instruction to the jury. There this Court upheld the following instruction:
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Wilson v. State
...326, 247 N.E.2d 679. The descriptive averment of the value of the property Wilson attempted to steal is immaterial. See Perkins v. State (1973), Ind., 301 N.E.2d 513; Adams v. State (1970), 254 Ind. 509, 260 N.E.2d 878. We do not perceive, nor has Wilson illuminated, how he was prejudiciall......
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Hannah v. State
...'In fact, to infer otherwise would border on the absurd.' Burton v. State (1973), Ind., 292 N.E.2d 790 at 801; see also, Perkins v. State (1973), Ind., 301 N.E.2d 513; DeWeese v. State (1972), Ind., 282 N.E.2d 828; Perkins v. State (1973), Ind.App., 294 N.E.2d 846; MacTate v. State (1971), ......
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Jones v. State
...at 29-30. Based on the evidence, a reasonable trier of fact could infer that Garner was placed in fear. See, e.g., Perkins v. State, 261 Ind. 209, 301 N.E.2d 513, 514 (1973) (finding that "[i]f there were no direct evidence of fear, the trier of fact could infer fear from the circumstances ......
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Perkins v. State
...a finding and judgment of guilty on both counts, and an appeal was taken. On appeal, the convictions were affirmed. Perkins v. State (1973), 261 Ind. 209, 301 N.E.2d 513. In 1979 appellant filed a pro se petition for post-conviction relief which was later withdrawn. In 1984, appellant filed......