Petillo v. State, No. 28565

Docket NºNo. 28565
Citation228 Ind. 97, 89 N.E.2d 623
Case DateJanuary 23, 1950
CourtSupreme Court of Indiana

Page 623

89 N.E.2d 623
228 Ind. 97
PETILLO

v.
STATE.
No. 28565.
Supreme Court of Indiana.
Jan. 23, 1950.

[228 Ind. 99] William B. Miller, Indianapolis, Jacob S. Miller, Indianapolis, for appellant.

J. Emmett McManamon, Atty. Gen., Merl M. Wall, Dep. Atty. Gen., Walter O. Lewis, Dep. Atty. Gen., for appellee.

JASPER, Chief Justice.

Appellant was charged by affidavit with the alleged offense of assault and battery with intent to commit a felony, to wit: Murder, under § 10-401, Burns' 1942 Replacement. Appellant waived trial by jury. The cause was submitted to the court on a plea of not guilty. Finding, judgment, and sentence followed.

Page 624

On appeal to this court, appellant has assigned as error the overruling of his motion for a new trial and the overruling of his motion for discharge at the close of the State's evidence.

Appellant contends that there was not sufficient evidence and that the decision of the court was contrary to law.

The testimony shows that at approximately 2:15 a. m., on June 29, 1948, appellant drove his automobile in front of the Roosevelt Hotel, in the City of Indianapolis, and blew the horn; that the bell boy went out [228 Ind. 100] and appellant asked if there were any rooms for rent, and if a Mr. and Mrs. Schofner still lived in room 438; that upon being told there were rooms available and that the Schofners lived there, appellant had the bell boy take his luggage into the hotel, and he went to the desk and registered in the name of Joe Meio, and was then taken to room 245 in the hotel; that Kelly Petillo and Joe Meio are one and the same person; that the bell boy took appellant to his room and turned on the light in the room and in the bathroom; that appellant said to the bell boy: 'Will you tell Schofners I am here. Tell Naomi some one wants to see her'; that the bell boy then went to the room of the Schofners, as he was instructed to do by appellant, and gave Mrs. Schofner the message; that Mrs. Schofner had the bell boy accompany her to the door of appellant's room; that the bell boy then went to the elevator; that Mrs. Schofner, upon arriving at appellant's room, knocked on the door; that when the door was opened, appellant reached out and grabbed her by her left arm and pulled her into the room; that the only light burning was in the bathroom; that she said: 'Kelly, please let me out of here'; that upon making demand again to be let out, appellant said: 'Why did you do me like you did?' and drew back with his right hand; that Mrs. Schofner moved her head, and, as his hand came down, she was...

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25 practice notes
  • Rogers v. State, No. 1072S143
    • United States
    • Indiana Supreme Court of Indiana
    • 4 de setembro de 1974
    ...evidence. McAfee v. State (1973), Ind., 291 N.E.2d 554; Stice v. State (1950), 228 Ind. 144, 89 N.E.2d 915; Petillo v. State (1950), 228 Ind. 97, 89 N.E.2d 623. Without this principle the integrity of a jury as the trier of fact would There was testimony at trial which disclosed that at app......
  • Williams v. State, No. 1-880A220
    • United States
    • Indiana Court of Appeals of Indiana
    • 27 de janeiro de 1981
    ...therefrom tending to support the finding of the trial court. Stice v. State (1950), 228 Ind. 144, 89 N.E.2d 915; Petillo v. State (1950), 228 Ind. 97, 82 N.E.2d 623.' See also Finger v. State (1973), 260 Ind. 148, 293 N.E.2d 25; Walker v. State, supra; Haynes v. State (1973), 155 Ind.App. 4......
  • Spears v. State, No. 179S13
    • United States
    • Indiana Supreme Court of Indiana
    • 27 de fevereiro de 1980
    ...sustained by Vicki Spears were sufficient to sustain an inference that a deadly weapon was used in the assault. Petillo v. State, (1950) 228 Ind. 97, 89 N.E.2d 623. The element of intent to kill may be inferred from the use of a deadly weapon in a manner reasonably calculated to cause death......
  • Beeler v. State, No. 28796
    • United States
    • Indiana Supreme Court of Indiana
    • 7 de abril de 1952
    ...whether there is substantial evidence of probative value upon each material element of the crime charged. Petillo v. State, 1950, 228 Ind. 97, 89 N.E.2d 623; Dennison v. State, Ind.1952, 103 N.E.2d 443. Further, it is the law that incompetent evidence is sufficient to sustain Page 748 the f......
  • Request a trial to view additional results
25 cases
  • Rogers v. State, No. 1072S143
    • United States
    • Indiana Supreme Court of Indiana
    • 4 de setembro de 1974
    ...evidence. McAfee v. State (1973), Ind., 291 N.E.2d 554; Stice v. State (1950), 228 Ind. 144, 89 N.E.2d 915; Petillo v. State (1950), 228 Ind. 97, 89 N.E.2d 623. Without this principle the integrity of a jury as the trier of fact would There was testimony at trial which disclosed that at app......
  • Williams v. State, No. 1-880A220
    • United States
    • Indiana Court of Appeals of Indiana
    • 27 de janeiro de 1981
    ...therefrom tending to support the finding of the trial court. Stice v. State (1950), 228 Ind. 144, 89 N.E.2d 915; Petillo v. State (1950), 228 Ind. 97, 82 N.E.2d 623.' See also Finger v. State (1973), 260 Ind. 148, 293 N.E.2d 25; Walker v. State, supra; Haynes v. State (1973), 155 Ind.App. 4......
  • Spears v. State, No. 179S13
    • United States
    • Indiana Supreme Court of Indiana
    • 27 de fevereiro de 1980
    ...sustained by Vicki Spears were sufficient to sustain an inference that a deadly weapon was used in the assault. Petillo v. State, (1950) 228 Ind. 97, 89 N.E.2d 623. The element of intent to kill may be inferred from the use of a deadly weapon in a manner reasonably calculated to cause death......
  • Beeler v. State, No. 28796
    • United States
    • Indiana Supreme Court of Indiana
    • 7 de abril de 1952
    ...whether there is substantial evidence of probative value upon each material element of the crime charged. Petillo v. State, 1950, 228 Ind. 97, 89 N.E.2d 623; Dennison v. State, Ind.1952, 103 N.E.2d 443. Further, it is the law that incompetent evidence is sufficient to sustain Page 748 the f......
  • Request a trial to view additional results

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