Price v. State

• Decision Date: 03 September 1993
• Docket Number: No. 49S00-9211-CR-910,49S00-9211-CR-910
• Citation: 619 N.E.2d 582
• Parties: Craig PRICE, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 582

619 N.E.2d 582

Craig PRICE, Appellant, v. STATE of Indiana, Appellee.

No. 49S00-9211-CR-910.

Supreme Court of Indiana.

Sept. 3, 1993.

Rehearing Denied Oct. 20, 1993.

Howard Howe, Indianapolis, for appellant.

Pamela Carter, Atty. Gen., Suzann Weber Lupton, Deputy Atty. Gen., for appellee.

GIVAN, Justice.

A bench trial resulted in the conviction of appellant of Murder, for which he received an enhanced sentence of sixty (60) years.

The facts are: Appellant and his wife, Sherri Price, had been having domestic difficulties and at the time in question were estranged. For a period of time, appellant had committed various acts of violence against his wife, including threatening her with a weapon. Shortly before appellant killed his estranged wife, he expressed anger over her involvement with another man.

On the morning of July 13, 1991, he arrived at her home, and in front of their two young children, appellant shot Sherri twice in the head causing her death. He then took his children to his mother's home where he announced that he had shot Sherri. The family was successful in persuading him to surrender to police and to surrender the murder weapon to his sister, who in turn gave it to the police.

The State raises the question that appellant's attorneys did not file a timely praecipe. The record shows that judgment was entered on June 26, 1992. At that time, appellant was advised of his right to an appeal, and it was found that he was indigent and entitled to appointment of counsel. However, appellant's attorney did not make an appearance until August 1, 1992, at which time he filed a praecipe. The State is correct that this was in violation of Ind. Appellate Rule 2(A), which requires a praecipe to be filed within thirty days after entry of final judgment. However, in the interest of judicial economy, we will treat this as a belated appeal and decide this case on its merits.

Appellant claims the trial court erred in permitting the introduction of photographs of the deceased victim. He concedes that the admissibility of photographs is within the sound discretion of the trial court, citing McNary v. State (1984), Ind., 460 N.E.2d 145. He argues, however, that when the relevancy of the photographs is slight and the prejudice to the defense is great, the photographs should not be admitted, citing Chittenden v. State (1982), Ind., 436 N.E.2d 86. We have examined the photographs in question. They depict the wounds inflicted on the victim's head. It is apparent the photographs were taken after the blood had been cleaned from the head and appear to be as acceptable as photographs of this type could be. The photographs clearly demonstrate the testimony of the pathologist who conducted the autopsy on the victim. Under the circumstances, they were admissible in evidence. Phillips v. State (1990), Ind., 550 N.E.2d 1290. The trial court did not err in the admission of these photographs.

Appellant contends the trial court erred in permitting the introduction of the weapon used in the crime. Appellant claims there was an incomplete chain of custody from the time he turned the weapon over to his sister and its arrival in the courtroom for introduction in evidence. The State is required to show a chain of custody for the purpose of showing the unlikelihood of tampering, loss, substitution, or mistake. Delatorre v. State (1989), Ind., 544 N.E.2d 1379. This rule is especially applicable to fungible goods which are difficult to identify. However, where an exhibit such as a weapon,...