Rogers v. State, No. 572A238
| Docket Nº | No. 572A238 |
| Citation | 290 N.E.2d 135, 154 Ind.App. 445 |
| Case Date | December 12, 1972 |
| Court | Court of Appeals of Indiana |
Page 135
v.
STATE of Indiana, Appellee.
George A. Purvis, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen. of Indiana, Robert F. Colker, Asst. Atty. Gen., for appellee.
WHITE, Judge.
Defendant-appellant Rogers was tried without a jury on an indictment charging him with second degree [154 Ind.App. 446] burglary. He was found guilty as charged and sentenced to the Indiana State Prison for two to five years and rendered incapable of holding any office of trust or profit for two years. 1
The defendant's Belated Motion to Correct Errors raises two issues on appeal,
Page 136
that the judgment is not sustained by sufficient evidence and is contrary to law. The two issues have been consolidated on appeal, and will be consolidated here.The uncontradicted evidence reveals the following: Sometime after midnight and before 2:30 A.M. on October 21, 1970, Mr. Peacock, who resided directly across the street from the Braden Shell Station, looked out his front window and saw two men, one wearing a brown jacket, in the lighted sales area of the station. He also saw that the front window of the station had been broken and that there was a dark colored Chevrolet, with damage to the driver's side and plastic in place of the window, parked in front of the station. Peacock called the police and described to them what he saw.
At 2:33 A.M. Officer Livers, who was on patrol in the area with another officer, received a 'radio run' giving a description of the men and the car. Approximately two blocks from the Shell Station, the officers observed a car matching the description with two male occupants, pull to the curb in front of Bar-B-Q Heaven. The officers stopped the car and informed the two men that they were under investigation. Defendant Rogers was one of the two men in the car, and he gave Officer Livers permission to search the vehicle. Officer Livers found a brown sweater along with two cans of S.T.P. on the rear seat of the car. His search of the glove box revealed [154 Ind.App. 447] assorted change amounting to $3.90, two packages of cigarettes, and assorted tools. The two men were then placed under arrest.
During this time, Lonnie Braden, the operator of the Shell Station, was called and told that his station had been broken into. Upon returning to the station he saw the broken front window and waited for the police to return before entering. Once inside, they found that the cigarette machine had been pried open and its money box, which contained approximately $4.55 in change, was missing. Two cans of S.T.P. were also missing from the shelf.
At trial, Mr. Peacock positively identified the picture of the car in which appellant was riding, as the same car he had seen at the station while the burglary was in progress.
In contending that the evidence is insufficient to sustain the conviction, appellant specifically argues that the evidence fails to connect the...
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Cody v. State, No. 2--573A108
...which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. Rogers v. State (1972), Ind.App., 290 N.E.2d 135; Taylor v. State (1972), Ind., 284 N.E.2d The record discloses the following evidence favorable to the State. On May Page 822 4, 1972 at a......
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Hubble v. State, No. 2--173A20
...which the trier of fact could reasonably infer than the defendant was guilty beyond a reasonable doubt. Rogers v. State (1972), Ind.App., 290 N.E.2d 135; Taylor v. State (1972), Ind., [157 Ind.App. 688] 284 N.E.2d 775. We will not weigh the evidence nor resolve questions of credibility of w......
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Coffelt v. State, No. 3--573A51
...was guilty beyond a reasonable doubt. Taylor v. State (1972), Ind., 284 [159 Ind.App. 487] N.E.2d 775; Rogers v. State (1972), Ind.App., 290 N.E.2d 135. Coffelt first contends that there is insufficient evidence to show that he was engaged in an unlawful act. The grand jury indictment. Of F......
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Russell v. State, No. 180S15
...from which a trier of fact could reasonably infer that a defendant is guilty beyond a reasonable doubt, citing Rogers v. State, (1972) 154 Ind.App. 445, 290 N.E.2d 135; and Taylor v. State, (1972) 259 Ind. 25, 284 N.E.2d [275 Ind. 684] Page 976 The voluntary manslaughter statute provides: "......
-
Cody v. State, No. 2--573A108
...which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. Rogers v. State (1972), Ind.App., 290 N.E.2d 135; Taylor v. State (1972), Ind., 284 N.E.2d The record discloses the following evidence favorable to the State. On May Page 822 4, 1972 at a......
-
Hubble v. State, No. 2--173A20
...which the trier of fact could reasonably infer than the defendant was guilty beyond a reasonable doubt. Rogers v. State (1972), Ind.App., 290 N.E.2d 135; Taylor v. State (1972), Ind., [157 Ind.App. 688] 284 N.E.2d 775. We will not weigh the evidence nor resolve questions of credibility of w......
-
Coffelt v. State, No. 3--573A51
...was guilty beyond a reasonable doubt. Taylor v. State (1972), Ind., 284 [159 Ind.App. 487] N.E.2d 775; Rogers v. State (1972), Ind.App., 290 N.E.2d 135. Coffelt first contends that there is insufficient evidence to show that he was engaged in an unlawful act. The grand jury indictment. Of F......
-
Russell v. State, No. 180S15
...from which a trier of fact could reasonably infer that a defendant is guilty beyond a reasonable doubt, citing Rogers v. State, (1972) 154 Ind.App. 445, 290 N.E.2d 135; and Taylor v. State, (1972) 259 Ind. 25, 284 N.E.2d [275 Ind. 684] Page 976 The voluntary manslaughter statute provides: &......