Priola v. State, 971S261

Decision Date26 February 1973
Docket NumberNo. 971S261,971S261
CourtIndiana Supreme Court
PartiesJoseph PRIOLA, Jr., Appellant, v. STATE of Indiana, Appellee.

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 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 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 his face with some type of hard, dark object which he held in his hand. The object itself was never identified although there was quite a bit of broken glass, apparently from beer bottles, on the patio.

After being hit by appellant Bryant testified that he felt a sharp paid in his eye and fell to the ground. He was helped inside the apartment where bandages were placed on his eye. James Brewsey, another guest, testified that Bryant's eye was 'partially hanging out' when he was brought in to the kitchen. Appellant refused to allow anyone to call an ambulance and ripped the telephone unit from the kitchen wall before leaving with his...

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15 cases
  • Thomas v. State
    • United States
    • Indiana Appellate Court
    • July 1, 1975
    ...in a simple 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 Consi......
  • Burton v. State
    • United States
    • Indiana Supreme Court
    • February 26, 1973
  • Martin v. State
    • United States
    • Indiana Supreme Court
    • July 25, 1974
    ...appellate court 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 reasonabl......
  • Rowe v. State
    • United States
    • Indiana Supreme Court
    • July 26, 1974
    ...evidence introduced at the trial or to decide questions concerning the credibility of witnesses testifying at the trial. Priola v. State (1973), Ind., 292 N.E.2d 604. Our proper role is to look to the evidence most supportive of the verdict and determine whether that evidence, along with th......
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