Prather v. State, No. 1167S122

Docket NºNo. 1167S122
Citation246 N.E.2d 479, 252 Ind. 141
Case DateApril 22, 1969
CourtSupreme Court of Indiana

Page 479

246 N.E.2d 479
252 Ind. 141
Donald PRATHER, Appellant,
v.
STATE of Indiana, Appellee.
No. 1167S122.
Supreme Court of Indiana.
April 22, 1969.

Don R. Money, Indianapolis, for appellant.

John J. Dillon, Atty. Gen., Murray West, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Judge.

This matter is before the court on appeal from a conviction of the appellant for the offense of first [252 Ind. 142] degree burglary. The charge was presented by affidavit, and trial was before the court without the intervention of a jury. The appellant was sentenced to the Indiana State Prison for not less than ten (10) years nor more than twenty (20) years and disenfranchised for a period of two (2) years.

The evidence when viewed most favorably to the State of Indiana may be summarized as follows:

Police Officer Kerins testified that on March 15, 1967, at 2:47 P.M., he arrived at a residence located at 1331 West 32nd Street, Indianapolis, Indiana. Officer Kerins drove to this residence because he had information that a 1964 Buick was being used to perpetrate a burglary at this address. The officer drove up to the house in a marked squad car, and saw the appellant, who at the time was parked in a 1964 Buick at the curb right by the house. The appellant attempted to pull away from the curb, but Officer Kerins stopped and arrested him, and placed him in the squad car. At that time, Officer Gorgol arrived at the residence in a second squad car. After receiving no response when he knocked at the front door, Officer Kerins entered the house through a window he found

Page 480

open on the west side of the residence. He made a search of the home and found the drawers of the dresser pulled out, the contents dumped on the floor, and lamps knocked over and broken; he also found George Grier hiding in a bathtub with the shower curtain pulled. Kerins then placed George Grier under arrest. After being advised of his constitutional rights, George Grier stated that he did not have permission to be in that house and that he had placed a screwdriver in the front door, forced it open, and opened the window on the west side of the house which he 'was going to leave by had it become necessary to leave in a hurry.' George Grier further stated to the policeman that he had taken money that was located in a drawer in the back bedroom of the house.

Officer Gorgol then returned to the squad car, and advised appellant of his constitutional rights. Appellant stated to...

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7 practice notes
  • Lawson v. State, No. 1177S797
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Noviembre 1980
    ...of the crime. Id. 403 N.E.2d at 347. This is, of course, a well-established principle of law in this State. See Prather v. State, (1969) 252 Ind. 141, 246 N.E.2d 479; Grecco v. State, (1960) 240 Ind. 584, 166 N.E.2d 180, 167 N.E.2d 714 cert. denied, 364 U.S. 893, 81 S.Ct. 227, 5 L.Ed.2d 191......
  • Fisher v. State, No. 572A218
    • United States
    • Indiana Court of Appeals of Indiana
    • 10 Abril 1973
    ...N.E.2d 543; Thomas v. State (Ind.1971), 268 N.E.2d 609; Leitner v. State (1967), 248 Ind. 381, 229 N.E.2d 459; Prather v. State (1969), 252 Ind. 141, 246 N.E.2d 479; Hanrahan v. State (1968), 251 Ind. 235, 241 N.E.2d 143. Thus it becomes Page 634 necessary to determine the material elements......
  • Goodrich v. State, No. 2--273A47
    • United States
    • Indiana Court of Appeals of Indiana
    • 5 Noviembre 1973
    ...entering into (b) any building other than a dwelling house (c) with the intent to commit a felony therein.' See: Prather v. State (1969), 252 Ind. 141, 246 N.E.2d 479; IC 1971, 35--13--4--4, Ind.Ann.Stat. § 10--701 (Burns In the case at bar, testimony of Mr. Tarplee established that the bui......
  • Auten v. State, No. 35A02-8807-CR-286
    • United States
    • Indiana Court of Appeals of Indiana
    • 8 Agosto 1989
    ...aided, abetted or encouraged the commission of that felony. George v. State (1969), 252 Ind. 344, 247 N.E.2d 823; Prather v. State (1969), 252 Ind. 141, 246 N.E.2d 479. Because the accessory statute covers all crimes in Indiana, the evidence will be sufficient if it shows appellant was an a......
  • Request a trial to view additional results
7 cases
  • Lawson v. State, No. 1177S797
    • United States
    • Indiana Supreme Court of Indiana
    • 25 Noviembre 1980
    ...of the crime. Id. 403 N.E.2d at 347. This is, of course, a well-established principle of law in this State. See Prather v. State, (1969) 252 Ind. 141, 246 N.E.2d 479; Grecco v. State, (1960) 240 Ind. 584, 166 N.E.2d 180, 167 N.E.2d 714 cert. denied, 364 U.S. 893, 81 S.Ct. 227, 5 L.Ed.2d 191......
  • Fisher v. State, No. 572A218
    • United States
    • Indiana Court of Appeals of Indiana
    • 10 Abril 1973
    ...N.E.2d 543; Thomas v. State (Ind.1971), 268 N.E.2d 609; Leitner v. State (1967), 248 Ind. 381, 229 N.E.2d 459; Prather v. State (1969), 252 Ind. 141, 246 N.E.2d 479; Hanrahan v. State (1968), 251 Ind. 235, 241 N.E.2d 143. Thus it becomes Page 634 necessary to determine the material elements......
  • Goodrich v. State, No. 2--273A47
    • United States
    • Indiana Court of Appeals of Indiana
    • 5 Noviembre 1973
    ...entering into (b) any building other than a dwelling house (c) with the intent to commit a felony therein.' See: Prather v. State (1969), 252 Ind. 141, 246 N.E.2d 479; IC 1971, 35--13--4--4, Ind.Ann.Stat. § 10--701 (Burns In the case at bar, testimony of Mr. Tarplee established that the bui......
  • Auten v. State, No. 35A02-8807-CR-286
    • United States
    • Indiana Court of Appeals of Indiana
    • 8 Agosto 1989
    ...aided, abetted or encouraged the commission of that felony. George v. State (1969), 252 Ind. 344, 247 N.E.2d 823; Prather v. State (1969), 252 Ind. 141, 246 N.E.2d 479. Because the accessory statute covers all crimes in Indiana, the evidence will be sufficient if it shows appellant was an a......
  • Request a trial to view additional results

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