Prather v. State, 1167S122
| Decision Date | 22 April 1969 |
| Docket Number | No. 1167S122,1167S122 |
| Citation | 246 N.E.2d 479,252 Ind. 141 |
| Parties | Donald PRATHER, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Don R. Money, Indianapolis, for appellant.
John J. Dillon, Atty. Gen., Murray West, Deputy Atty. Gen., Indianapolis, for appellee.
This matter is before the court on appeal from a conviction of the appellant for the offense of first 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 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 the officer that he (appellant) and George Grier had gone to the front door of said house and forced the door open and that while Grier entered the house he (appellant) went back to the car, kept the engine running and planned to use said Buick as a getaway car after they completed the burglary.
Mrs. Dorothy Simmons, who lives at 1331 West 32nd Street, Indianapolis, Indiana, testified that the house is a dwellinghouse and place of human habitation and that neither George Grier nor appellant had permission to be in the house on that occasion or any other time.
The appellant's major argument is that the evidence, wholly circumstantial in character, is insufficient to sustain the conviction. It is the rule that each essential element of the crime charged must be established by substantial evidence of probative value. Thus the issuable facts in a case of first degree burglary are (1) that there was an unlawful breaking and entering, and (2) that said breaking and entering was done with intent to commit a felony. Crawford v. State (196...
To continue reading
Request your trial
-
Lawson v. State
...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
...273 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 necessary to determine the material elements of t......
-
Goodrich v. State
...and 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 1956). In the case at bar, testimony of Mr. Tarplee established t......
-
Auten v. State
...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......