Pike v. State

• Decision Date: 05 January 1989
• Docket Number: No. 49S00-8707-CR-699,49S00-8707-CR-699
• Citation: 532 N.E.2d 3
• Parties: William E. PIKE, III, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).
• Court: Indiana Supreme Court

Page 3

532 N.E.2d 3

William E. PIKE, III, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

No. 49S00-8707-CR-699.

Supreme Court of Indiana.

Jan. 5, 1989.

Belle T. Choate, Choate Visher & Haith, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

DICKSON, Justice.

A jury found defendant-appellant William E. Pike, III guilty of the crimes of burglary, a class B felony, and theft, a class D felony, and found defendant to be a habitual offender. In his direct appeal before this Court, defendant presents two issues for review: 1) evidence sufficiency; and 2) jury instructions.

Evidence Sufficiency

The defendant asserts that the evidence fails to show his participation in the burglary. He bases this assertion on an inconsistency in the testimony of an accomplice and his alibi defense.

In addressing the issue of sufficiency of evidence, we will affirm the conviction if, considering only the probative evidence and reasonable inferences supporting the verdict, without weighing evidence or assessing witness credibility, a reasonable trier of fact could conclude that the defendant was guilty beyond a reasonable doubt. Case v. State (1984), Ind., 458 N.E.2d 223; Loyd v. State (1980), 272 Ind. 404, 398 N.E.2d 1260, cert. denied, 449 U.S. 881, 101 S.Ct. 231, 66 L.Ed.2d 105.

On the evening of July 4, 1986, at approximately seven p.m., the Haywood family returned to their Marion County, Indiana, home from a family outing. As they traversed their long, single lane driveway from the street to their home, an older gold or copper colored Pontiac Grand Prix automobile approached them from the direction of their home. The Haywoods were in two separate automobiles. Marilyn was in the lead, accompanied by her three small children. Her husband Thomas was close behind. Not recognizing the Pontiac or the driver, Thomas Haywood signaled the Pontiac to stop and asked the driver what he was doing in the victim's driveway. Instead of replying, the driver of the Pontiac, later identified as Samuel Carter South, sped away. Haywood chased the Pontiac for some time. When the Pontiac finally pulled over because it had run out of fuel, South exited the automobile, walked to the window of Haywood's automobile directly behind the Pontiac, and after giving a false name, apologized for fleeing from the driveway. South explained he had only been attempting to locate the house of a friend and had become frightened when the victims entered the driveway. Accepting this explanation after first memorizing the Pontiac's license number, Haywood returned to his home to find it had been burglarized.

Marilyn Haywood had first made this discovery, for as her husband sped out of the driveway in chase of South, Mrs. Haywood proceeded up her driveway toward her home. While still inside her automobile, she noticed the front door, which was locked when she left her home earlier in the day, was now open. She began honking her horn in an attempt to flush out any potential burglars. An unknown young man wearing a white tee shirt and dark colored pants, and holding a rifle or shotgun in one hand and a bag in the other, came to the front door for several seconds. Mrs. Haywood exited the driveway, drove to a neighbor's home, and called police. Later, the Haywoods discovered their front door had been kicked in, and that a microwave oven, a jewelry box, three guns, some cuff links and other small items had been stolen.

While in police custody, South implicated the defendant. He later plead guilty to the burglary, but his plea was not pursuant to any promise of leniency or agreement.

At trial, South, his mother and his girlfriend testified that the defendant was wearing a white tee shirt and dark pants on the evening of the burglary. South implicated a third person, but did not deny the defendant's participation in the burglary.

The testimony of an accomplice must be highly scrutinized by the trier of fact, but it can alone support a defendant's conviction. Douglas v. State (1988), Ind., 520 N.E.2d 427. In the present case, the accomplice linked the defendant with the crime. His testimony was corroborated by other witnesses who described the clothing of the defendant and of the man inside the burglarized house. Moreover, if the State's evidence is credible, the jury may disbelieve the defendant's alibi evidence. English v. State (1985), Ind., 485 N.E.2d 93. The evidence sufficiently establishes the defendant's identity as one of the burglars.

Jury Instructions

Defendant contends the trial court erred in giving the following instruction, arguing that the instruction confused the jury and "place[d] undue influence upon that portion of the State's case which is in the most conflict with Defendant's presentation of the evidence."

A person who knowingly or intentionally aids, induces, or causes another person to commit an offense commits that offense even if the other person: 1) has not been prosecuted for the offense; 2) has not been convicted for the offense; or 3) has been acquitted of the offense.

Jury instructions lie largely within the trial court's discretion....