Priola v. State, No. 971S261

Docket NºNo. 971S261
Citation292 N.E.2d 604, 260 Ind. 117
Case DateFebruary 26, 1973
CourtSupreme Court of Indiana

Page 604

292 N.E.2d 604
260 Ind. 117
Joseph PRIOLA, Jr., Appellant,
v.
STATE of Indiana, Appellee.
No. 971S261.
Supreme Court of Indiana.
Feb. 26, 1973.
Rehearing Denied April 18, 1973.

[260 Ind. 118] Palmer K. Ward, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., William D. Bucher, Deputy Atty. Gen., for appellee.

DeBRULER, Justice.

This is an appeal from a conviction of aggravated assault and battery (I.C. 1971, 35--13--3--1, being Burns § 10--410) after a trial by jury in the Marion Criminal Court, Judge John T. Davis presiding. Appellant

Page 605

was sentenced to one to five years at the Indiana Reformatory and fined.$1000.00. He bases his appeal on the contention that the evidence at trial was insufficient to sustain the conviction.

Testimony at trial showed that on the night of August 29, 1969, a party was held at an apartment rented by Sharon Thompson and three other young women. There were about thirty or thirty-five people at the party when appellant and three of his friends arrived. Shortly after their arrival a girl guest at the party informed Miss Thompson that her purse was missing. Sharon Thompson suspected the appellant and went out in front of the apartment where he was standing with a group of friends. She asked appellant whether or not he knew anything about the girl's purse. Appellant at first denied taking the purse and began to yell at Miss Thompson. He later told the girl where the purse was located but continued to demand to know why he was being accused of stealing the purse. Appellant subsequently threatened Miss Thompson and she asked him to leave. When he refused Don Reedman, a friend of Thompson's, intervened.

Appellant and Reedman began to exchange words when appellant pushed or punched Reedman. The two began to fight and appellant's friends became involved in scuffling throughout the front apartment area with other guests at the party. After several minutes of scattered fighting Reedman, Sharon Thompson and David Bryant, another guest, ran inside the apartment and closed the front door. Shortly [260 Ind. 119] thereafter appellant and several of his friends came through the door and again attacked Reedman and Bryant in the front hallway. They struggled for some minutes after which Reedman and Bryant ran through the apartment, out the back door and on to the patio. Moments afterward Bryant testified that appellant came out on the back patio, swung his arm back and hit him on the left side of...

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15 practice notes
  • Thomas v. State, No. 2--1073A211
    • United States
    • Indiana Court of Appeals of Indiana
    • July 1, 1975
    ...assault and battery * * *.' 273 N.E.2d at 545. See also, McFarland v. State (1973), Ind., 295 N.E.2d 809; Priola v. State (1973), Ind., 292 N.E.2d 604; Froedge v. State, supra; Coffey v. State (1973), Ind.App., 296 N.E.2d 663; Anderson v. State (1973), Ind.App., 291 N.E.2d Considering the e......
  • Defries v. State, No. 975S223
    • United States
    • Indiana Supreme Court of Indiana
    • February 26, 1976
    ...IC 1971, 35--13--3--1, supra, are an intentional and unlawful infliction of great bodily harm upon another. Priola v. State (1973), Ind., 292 N.E.2d 604. The record clearly discloses that great bodily harm was inflicted upon Rhonda Justice. Officer Robert Duncan stated that upon arriving at......
  • Burton v. State, No. 671S174
    • United States
    • Indiana Supreme Court of Indiana
    • February 26, 1973
    ...with this approach. The only relevant advice of rights in this case would be those which preceded the giving of the first statement [260 Ind. 117] to the police interrogators. In my view, if the first statement was taken in violation of the constitutional rights of the appellant, the second......
  • Martin v. State, Nos. 273S23
    • United States
    • Indiana Supreme Court of Indiana
    • July 25, 1974
    ...to weigh the evidence at the trial below, or to decide questions concerning the credibility of witnesses. Priola v. State (1973), Ind., 292 N.E.2d 604. Rather we look to the evidence most supportive of the verdict and determine whether that evidence, along with the reasonable inferences whi......
  • Request a trial to view additional results
15 cases
  • Thomas v. State, No. 2--1073A211
    • United States
    • Indiana Court of Appeals of Indiana
    • July 1, 1975
    ...assault and battery * * *.' 273 N.E.2d at 545. See also, McFarland v. State (1973), Ind., 295 N.E.2d 809; Priola v. State (1973), Ind., 292 N.E.2d 604; Froedge v. State, supra; Coffey v. State (1973), Ind.App., 296 N.E.2d 663; Anderson v. State (1973), Ind.App., 291 N.E.2d Considering the e......
  • Defries v. State, No. 975S223
    • United States
    • Indiana Supreme Court of Indiana
    • February 26, 1976
    ...IC 1971, 35--13--3--1, supra, are an intentional and unlawful infliction of great bodily harm upon another. Priola v. State (1973), Ind., 292 N.E.2d 604. The record clearly discloses that great bodily harm was inflicted upon Rhonda Justice. Officer Robert Duncan stated that upon arriving at......
  • Burton v. State, No. 671S174
    • United States
    • Indiana Supreme Court of Indiana
    • February 26, 1973
    ...with this approach. The only relevant advice of rights in this case would be those which preceded the giving of the first statement [260 Ind. 117] to the police interrogators. In my view, if the first statement was taken in violation of the constitutional rights of the appellant, the second......
  • Martin v. State, Nos. 273S23
    • United States
    • Indiana Supreme Court of Indiana
    • July 25, 1974
    ...to weigh the evidence at the trial below, or to decide questions concerning the credibility of witnesses. Priola v. State (1973), Ind., 292 N.E.2d 604. Rather we look to the evidence most supportive of the verdict and determine whether that evidence, along with the reasonable inferences whi......
  • Request a trial to view additional results

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