Rhodes v. State, No. 272A90

Docket NºNo. 272A90
Citation154 Ind.App. 594, 290 N.E.2d 504
Case DateDecember 21, 1972
CourtCourt of Appeals of Indiana

Page 504

290 N.E.2d 504
154 Ind.App. 594
Sherman RHODES, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 272A90.
Court of Appeals of Indiana, Second District.
Dec. 21, 1972.

[154 Ind.App. 595]

Page 505

John C. Christ and Patrick J. Hadler, Indianapolis, for appellant.

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

BUCHANAN, Presiding Judge.

CASE SUMMARY--Defendant-appellant Sherman Rhodes (Rhodes) appeals from a court trial conviction of Robbery claiming insufficient identification. We affirm.

FACTS--The facts and evidence most favorable to the State and the judgment below are:

At 1:00 A.M on March 4, 1971, Fred Smith (Smith), a taxi-cab driver for State Cab, received a call to pick up a rider at 2342 Central Avenue in Indianapolis, Indiana. When Smith arrived at this address, a man dressed in a dark gray suit coat and dark slacks, later identified by Smith as Rhodes, came out of the house, got into the front seat of the cab, and told Smith to take him to 22nd and Delaware so that he could buy some cigarettes. Upon arriving at 22nd and Delaware, the man went into a gasoline station, bought some cigarettes, returned to Smith's cab, again ensconced himself in the front seat, and told Smith to return to 2342 Central Avenue.

When the cab arrived at 2342 Central Avenue, the man pointed a gun at Smith and took his money (about $20.00), his wristwatch (valued at $75.00), and his diamond Moose [154 Ind.App. 596] Lodge ring (valued at about $125.00). This property was never recovered. The man then got out of the cab and Smith proceeded to the State Cab garage and reported the incident to the police.

At trial, Smith stated that he had an opportunity to get a good view of the robber since the robber had sat in the front seat. When asked if the man who robbed him was in the courtroom, Smith answered in the affirmative, pointed to Rhodes, and positively identified Rhodes as the man who had robbed him. Smith's in-court identification testimony was:

'Q. And on that date did you have the occasion to come into contact with the defendant, Sherman Rhodes?

A. Yes, sir.

Q. Is he in the courtroom today?

A. Yes, he is.

Q. Would you point him out to the Court, please?

A. Right there.

Q. You are indicating, described (sic) him for the Court, which man are you pointing to?

A. The second man.

Page 506

Q. Sitting at the far table?

A. In between.

Q. Mr. Smith, is the same man that held you up in the courtroom today?

A. He is sitting right there.

Q. Is there any doubt at all in your mind about this?

A. No, there isn't.

Q. And he is the same man that took your watch off of your wrist?

A. Yes, sir.'

This statement by Smith was the only in-court identification testimony offered by the State. Smith gave no description of the man who had robbed him prior to the identification of Rhodes other than reference to the robber being dressed in a dark gray coat and dark pair of pants. There was no evidence of an out-of-court identification of Rhodes by Smith.

[154 Ind.App. 597] In order to rebut the State's identification testimony, Rhodes offered alibi evidence.

On October 21, 1971, Rhodes was found guilty of Robbery pursuant to Ind.Ann.Stat. § 10--4101 (Burns 1956), IC 1971, 35--13--4--6 in a non-jury trial and was subsequently sentenced to the Indiana State Reformatory for a period of not less than ten nor more than twenty-five years.

ISSUE--Was Smith's in-court identification of Rhodes sufficient to establish Rhodes's guilt beyond a reasonable doubt?

Rhodes contends that the evidence identifying him as the man who had robbed Smith was not of such a substantial nature as to remove all reasonable doubts and that Smith's in-court identification was an expression of opinion without a factual foundation to support it.

In response, the State contends that Rhodes's argument only seeks to reweigh the evidence and that the direct, positive testimony of the victim of a crime is sufficient to sustain a conviction.

DECISION--It is our opinion that Smith's in-court identification of Rhodes was sufficient for the jury to find that Rhodes was guilty of Robbery beyond a reasonable doubt.

Generally, any relevant fact will be admitted into evidence which would convince, or tend to convince, a person of ordinary judgment as to the identity of an accused. Uncertainties...

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19 practice notes
  • Ballard v. State, No. 1174S224
    • United States
    • Indiana Supreme Court of Indiana
    • November 12, 1974
    ...Page 804 v. State, (1972) Ind., 287 N.E.2d 867; Dillard v. State, (1971) 257 Ind. 282, 274 N.E.2d 387; Rhodes v. State, (1972) Ind.App., 290 N.E.2d 504. 'On the day of the incident, Opal has an opportunity to observe Ballard at close range for approximately fifteen minutes at the Brown hous......
  • Ballard v. State, No. 2--273A37
    • United States
    • Indiana Court of Appeals of Indiana
    • April 18, 1974
    ...Emerson v. State, (1972) Ind., 287 N.E.2d 867; Dillard v. State, (1971) 257 Ind. 282, 274 N.E.2d 387; Rhodes v. State, (1972) Ind.App., 290 N.E.2d 504. On the day of the incident, Opal had an opportunity to observe Ballard at close range for approximately fifteen minutes at the Brown house.......
  • Frith v. State, Nos. 374S55
    • United States
    • Indiana Supreme Court of Indiana
    • April 1, 1975
    ...on the identification by the eye-witness, although a conviction based on a single eye-witness is proper. Rhodes v. State (1972) Ind., 290 N.E.2d 504; Bryant v. State (1973) Ind.App., 299 N.E.2d 200. The jury had before it evidence of presence at the scene of the crime and subsequent flight,......
  • Sargent v. State, No. 2--1272A133
    • United States
    • June 25, 1973
    ...identity beyond a reasonable doubt as the man who fled from the massage parlor on May 3, 1972. In Rhodes v. State, (Ind.App.1972) 290 N.E.2d 504, 506--507, this court recently discussed the general rules applicable to eyewitness identification and the sufficiency of such identification for ......
  • Request a trial to view additional results
19 cases
  • Ballard v. State, No. 1174S224
    • United States
    • Indiana Supreme Court of Indiana
    • November 12, 1974
    ...Page 804 v. State, (1972) Ind., 287 N.E.2d 867; Dillard v. State, (1971) 257 Ind. 282, 274 N.E.2d 387; Rhodes v. State, (1972) Ind.App., 290 N.E.2d 504. 'On the day of the incident, Opal has an opportunity to observe Ballard at close range for approximately fifteen minutes at the Brown hous......
  • Ballard v. State, No. 2--273A37
    • United States
    • Indiana Court of Appeals of Indiana
    • April 18, 1974
    ...Emerson v. State, (1972) Ind., 287 N.E.2d 867; Dillard v. State, (1971) 257 Ind. 282, 274 N.E.2d 387; Rhodes v. State, (1972) Ind.App., 290 N.E.2d 504. On the day of the incident, Opal had an opportunity to observe Ballard at close range for approximately fifteen minutes at the Brown house.......
  • Frith v. State, Nos. 374S55
    • United States
    • Indiana Supreme Court of Indiana
    • April 1, 1975
    ...on the identification by the eye-witness, although a conviction based on a single eye-witness is proper. Rhodes v. State (1972) Ind., 290 N.E.2d 504; Bryant v. State (1973) Ind.App., 299 N.E.2d 200. The jury had before it evidence of presence at the scene of the crime and subsequent flight,......
  • Sargent v. State, No. 2--1272A133
    • United States
    • June 25, 1973
    ...identity beyond a reasonable doubt as the man who fled from the massage parlor on May 3, 1972. In Rhodes v. State, (Ind.App.1972) 290 N.E.2d 504, 506--507, this court recently discussed the general rules applicable to eyewitness identification and the sufficiency of such identification for ......
  • Request a trial to view additional results

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