Rosell v. State, No. 1275S376

Docket NºNo. 1275S376
Citation352 N.E.2d 750, 265 Ind. 173
Case DateAugust 19, 1976
CourtSupreme Court of Indiana

Page 750

352 N.E.2d 750
265 Ind. 173
Harold R. ROSELL, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 1275S376.
Supreme Court of Indiana.
Aug. 19, 1976.

Page 751

Patrick Brennan and Associates, Larry L. Ambler, South Bend, for appellant.

Theodore L. Sendak, Atty. Gen., Walter F. Lockhart, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

The defendant (appellant), in a trial to the jury, was convicted of Delivery of a Controlled Substance 1 and was sentenced to imprisonment for a period of twenty years, and a fine of $500. The sole issue presented by his appeal to this Court is the sufficiency of the evidence to support his conviction.

The defendant premises his argument against the sufficiency of the evidence upon the ground that a State's witness, Leroy Davis, while under a grant of immunity, confessed that [265 Ind. 174] he, rather than the defendant, made the delivery of the controlled substance.

'When the sufficiency of the evidence is raised as an issue upon appeal, this Court will consider only that evidence of probative value most favorable to the State, together with all logical and reasonable inferences which may be drawn therefrom. If such evidence and inferences would permit a reasonable trier of fact to find the existence of each element of the crime charged beyond a reasonable doubt, the verdict will not be disturbed.' Baum v. State, (1976) Ind., 345 N.E.2d 831 at 834, 835, and cases there cited.

As this Court has repeatedly emphasized, it will not on appeal judge the weight of the evidence or the credibility of the witnesses. Lottie v. State, (1974) Ind., 311 N.E.2d 800; Brown v. State, (1974) 261 Ind. 619, 308 N.E.2d 699; Turner v. State, (1972) 259 Ind. 344, 287 N.E.2d 339; Gibson v. State, (1971) 257 Ind. 23, 271 N.E.2d 706; Fuller v. State, (1971) 256 Ind. 681, 271 N.E.2d 720.

As urged by the defendant, every conviction must be supported by evidence upon each material element of the crime charged, and that evidence must support the essential conclusions beyond a reasonable doubt. Lottie v. State, supra; Tom v. State, (1973) 261 Ind. 295, 302 N.E.2d 494; Spears v. State, (1970) 253 Ind. 370, 254 N.E.2d 203; Vuncannon v. State, (1970) 254 Ind. 206, 258 N.E.2d 639; Easton v. State, (1967) 248 Ind. 338, 228 N.E.2d 6; Baker v. State, (1956) 236 Ind. 55, 138 N.E.2d 641. If a reasonable man could not have drawn those essential conclusions from the evidence presented, then...

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43 practice notes
  • Works v. State, No. 775S167
    • United States
    • April 28, 1977
    ...the weight of the evidence and the credibility of the witnesses, matters which this Court will not review. Rosell v. State, (1976) Ind., 352 N.E.2d 750; Lottie v. State, (1974) 262 Ind. 124, 311 N.E.2d 800; Brown v. State, (1974) 261 Ind. 619, 308 N.E.2d When the sufficiency of the evidence......
  • Whitehead v. State, No. 684S226
    • United States
    • Indiana Supreme Court of Indiana
    • November 18, 1986
    ...at the credibility of the witnesses, a matter which with rare exceptions is solely the province of the jury. Rosell v. State (1976), 265 Ind. 173, 352 N.E.2d 750; Lottie v. State (1974), 262 Ind. 124, 311 N.E.2d 800. Only when this Court has confronted "inherently improbable" testimony, Pen......
  • Beasley v. State, No. 576S155
    • United States
    • Indiana Supreme Court of Indiana
    • December 16, 1977
    ...of the evidence or the credibility of the witnesses. Robinson v. State, (1977) Ind., 365 N.E.2d 1218; Rosell v. State, (1976) Ind., 352 N.E.2d 750; Lottie v. State, (1974) 262 Ind. 124, 311 N.E.2d 800. Further, in Baum v. State, (1976) Ind., 345 N.E.2d 831, at p. 834, it was "When the suffi......
  • Shutt v. State, No. 1076S358
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1977
    ...Gibson v. State (1971), 257 Ind. 23, 271 N.E.2d 706; Fuller v. State (1971), 256 Ind. 681, 271 N.E.2d 720." Rosell v. State (1976), Ind., 352 N.E.2d 750, [267 Ind. 114] Secondly, in our review, we must also accommodate for possible unreasonableness of the fact finder's verdict, otherwise ou......
  • Request a trial to view additional results
43 cases
  • Works v. State, No. 775S167
    • United States
    • April 28, 1977
    ...the weight of the evidence and the credibility of the witnesses, matters which this Court will not review. Rosell v. State, (1976) Ind., 352 N.E.2d 750; Lottie v. State, (1974) 262 Ind. 124, 311 N.E.2d 800; Brown v. State, (1974) 261 Ind. 619, 308 N.E.2d When the sufficiency of the evidence......
  • Whitehead v. State, No. 684S226
    • United States
    • Indiana Supreme Court of Indiana
    • November 18, 1986
    ...at the credibility of the witnesses, a matter which with rare exceptions is solely the province of the jury. Rosell v. State (1976), 265 Ind. 173, 352 N.E.2d 750; Lottie v. State (1974), 262 Ind. 124, 311 N.E.2d 800. Only when this Court has confronted "inherently improbable" testimony, Pen......
  • Beasley v. State, No. 576S155
    • United States
    • Indiana Supreme Court of Indiana
    • December 16, 1977
    ...of the evidence or the credibility of the witnesses. Robinson v. State, (1977) Ind., 365 N.E.2d 1218; Rosell v. State, (1976) Ind., 352 N.E.2d 750; Lottie v. State, (1974) 262 Ind. 124, 311 N.E.2d 800. Further, in Baum v. State, (1976) Ind., 345 N.E.2d 831, at p. 834, it was "When the suffi......
  • Shutt v. State, No. 1076S358
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1977
    ...Gibson v. State (1971), 257 Ind. 23, 271 N.E.2d 706; Fuller v. State (1971), 256 Ind. 681, 271 N.E.2d 720." Rosell v. State (1976), Ind., 352 N.E.2d 750, [267 Ind. 114] Secondly, in our review, we must also accommodate for possible unreasonableness of the fact finder's verdict, otherwise ou......
  • Request a trial to view additional results

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