Quassy v. State, No. 2--275A26

Docket NºNo. 2--275A26
Citation167 Ind.App. 205, 338 N.E.2d 283
Case DateDecember 11, 1975

Page 283

338 N.E.2d 283
167 Ind.App. 205
Andrew David QUASSY, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 2--275A26.
Court of Appeals of Indiana, Second District.
Dec. 11, 1975.

[167 Ind.App. 206] Terrence P. Pehler, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for appellee.

BUCHANAN, Judge.

CASE SUMMARY

Defendant-Appellant Andrew David Quassy (Quassy) appeals from court convictions

Page 284

of rape 1 and sodomy, 2 claiming the State failed to prove venue and insufficient evidence.

We affirm.

FACTS

The facts and evidence most favorable to the State and the trial court's judgment are as follows:

On June 18, 1974, after leaving work at approximately 6:00 P.M., the victim went to the home of a friend in Marion County, Indiana. When she prepared to leave at approximately 9:00 P.M. the automobile would not run so she telephoned home to advise her mother that she would be late.

Shortly thereafter, Quassy and his cousin arrived on a motorcycle and her friend asked Quassy if he would take the victim home. He consented. However, instead of following the victim's directions to her home, she testified that:

A. He didn't--he said he was going to turn around at the corner so--he didn't turn around. He went straight down Shelby and then towards Madison and out by--behind Southern Plaza. 3

Q. And what were you doing all this time?

A. I kept telling him he was going the wrong way.

[167 Ind.App. 207] Q. All right. And then you said you got to Southern Plaza was it?

A. Yes.

Q. What happened there?

A. He drove into this woods and told me to hold the bike and then he told me to get off and told me if I screamed or tried to run that he would kill me.

Q. So what did you do?

A. I started crying.

Q. And what else?

A. And he--

Q--what else did you do, _ _ (name of victim)? What else did you do?

A. I just cried and got nervous.

Q. O.K. And what happened after that?

A. He grabbed me by my throat and told me if I told anybody that he would kill me and that his cousin saw me, and that if he went to jail that his cousin would get me. (Emphasis supplied.)

Quassy forced the victim to take off her pants and lie down and proceeded to force sexual intercourse upon her. He later grabbed the victim by the back of her hair and also forced her to perform fellatio.

Quassy took the victim to her home in Marion County at approximately 12:30 A.M. on June 19, 1974. Once safely inside she immediately told her parents about the incident. The Indianapolis police were then summoned and the victim was taken to General Hospital where tests revealed the positive presence of spermatozoids.

At trial the victim positively identified Quassy as her assailant even though his hair was cut and he no longer had a moustache.

[167 Ind.App. 208] Quassy was tried without a jury on September 24, 1974, and found guilty on both counts. He was sentenced to a determinate term of ten years for rape and to an indeterminate term of not less than 2 nor more than 14 years for sodomy.

Quassy appeals.

Page 285

ISSUES

ISSUE ONE Did the State fail to prove proper venue?

ISSUE TWO Was the evidence sufficient to...

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7 practice notes
  • Sizemore v. State, No. 1079S295
    • United States
    • Indiana Supreme Court of Indiana
    • October 25, 1979
    ...an essential fact. With respect to the former, See Butler v. State, (1978), Ind.App., 380 N.E.2d 611; Quassy v. State, (1975), Ind.App., 338 N.E.2d 283; Jackson v. State, (1918), 187 [272 Ind. 31] Ind. 694, 121 N.E. 114. With respect to the latter, See Penman v. State, (1975), 163 Ind.App. ......
  • Sizemore v. State, No. 1-1277A287
    • United States
    • January 29, 1979
    ...as an essential Fact. With respect to the former, See Butler v. State (1978), Ind.App., 380 N.E.2d 611; Quassy v. State (1975), Ind.App., 338 N.E.2d 283; Jackson v. State (1918), 187 Ind. 694, 121 N.E. 114. With respect to the latter, See Penman v. State (1975), Ind.App., 325 N.E.2d 478; Jo......
  • Butler v. State, No. 2-577-A-155
    • United States
    • Indiana Court of Appeals of Indiana
    • October 2, 1978
    ...an appropriate objection in the trial court. Martin v. State (1966), 247 Ind. 592, 219 N.E.2d 902. In Quassy v. State (1975), Ind.App., 338 N.E.2d 283 the Court of Appeals of Indiana, Second District held Venue is an essential element of any criminal charge in Indiana. See, Woodall v. State......
  • Catenacci v. State, No. 681S175
    • United States
    • Indiana Supreme Court of Indiana
    • July 12, 1982
    ...general credibility of the witnesses was concerned, the discrepancies were matters for the jury to evaluate. Quassey v. State, (1975) 167 Ind.App. 205, 338 N.E.2d 283. The precise time and date of the offense, however, was not a material element, for no alibi defense had been interposed. Qu......
  • Request a trial to view additional results
7 cases
  • Sizemore v. State, No. 1079S295
    • United States
    • Indiana Supreme Court of Indiana
    • October 25, 1979
    ...an essential fact. With respect to the former, See Butler v. State, (1978), Ind.App., 380 N.E.2d 611; Quassy v. State, (1975), Ind.App., 338 N.E.2d 283; Jackson v. State, (1918), 187 [272 Ind. 31] Ind. 694, 121 N.E. 114. With respect to the latter, See Penman v. State, (1975), 163 Ind.App. ......
  • Sizemore v. State, No. 1-1277A287
    • United States
    • January 29, 1979
    ...as an essential Fact. With respect to the former, See Butler v. State (1978), Ind.App., 380 N.E.2d 611; Quassy v. State (1975), Ind.App., 338 N.E.2d 283; Jackson v. State (1918), 187 Ind. 694, 121 N.E. 114. With respect to the latter, See Penman v. State (1975), Ind.App., 325 N.E.2d 478; Jo......
  • Butler v. State, No. 2-577-A-155
    • United States
    • Indiana Court of Appeals of Indiana
    • October 2, 1978
    ...an appropriate objection in the trial court. Martin v. State (1966), 247 Ind. 592, 219 N.E.2d 902. In Quassy v. State (1975), Ind.App., 338 N.E.2d 283 the Court of Appeals of Indiana, Second District held Venue is an essential element of any criminal charge in Indiana. See, Woodall v. State......
  • Catenacci v. State, No. 681S175
    • United States
    • Indiana Supreme Court of Indiana
    • July 12, 1982
    ...general credibility of the witnesses was concerned, the discrepancies were matters for the jury to evaluate. Quassey v. State, (1975) 167 Ind.App. 205, 338 N.E.2d 283. The precise time and date of the offense, however, was not a material element, for no alibi defense had been interposed. Qu......
  • Request a trial to view additional results

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