Salrin v. State, No. 3-880A255

Docket NºNo. 3-880A255
Citation419 N.E.2d 1351
Case DateMay 13, 1981
CourtCourt of Appeals of Indiana

Page 1351

419 N.E.2d 1351
Keith B. SALRIN, Defendant-Appellant,
v.
STATE of Indiana, Plaintiff-Appellee.
No. 3-880A255.
Court of Appeals of Indiana, Third District.
May 13, 1981.

Page 1352

Daniel S. Tankersley, Winamac, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Frank A. Baldwin, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Judge.

Keith B. Salrin appeals his convictions by a jury of reckless homicide and driving while intoxicated. Salrin presents four issues for review:

1. Whether there is sufficient evidence to support the charge of reckless homicide.

2. Whether voluntary intoxication is a defense to the offense of reckless homicide.

3. Whether the statutory definition of "recklessly," contained in IC 35-41-2-2(c) is so vague and ambiguous as to violate due process.

4. Whether the failure of the trial court to state in its order overruling Salrin's motion to correct errors that it had reviewed the evidence is grounds for reversal.

Page 1353

I.

Salrin initially argues there is insufficient evidence to sustain the conviction of reckless homicide under IC 35-42-1-5. 1 As we have often stated, in reviewing the sufficiency of the evidence to support a conviction, we may not judge credibility or weigh evidence. Rather, we may consider only that evidence most favorable to the state, together with all logical and reasonable inferences to be drawn therefrom. If there is substantial evidence of probative value supporting the judgment, the conviction will not be set aside. Perry v. State (1980), Ind.App., 401 N.E.2d 705; George v. State (1979), Ind.App., 397 N.E.2d 1027.

The evidence most favorable to the state reveals Salrin was driving west on State Road 14 at 10:00 p. m. on October 4, 1978. The state's witness, who was driving behind Salrin's car, observed Salrin drift slowly toward the center of the road, nearly strike an eastbound car, subsequently cross the center line, and then veer sharply back into the westbound lane. Salrin then drove straight for approximately one half mile when he again began to drift across the center line, driving down the middle of the road. The witness testified he then saw the lights of an oncoming eastbound vehicle. At this point, Salrin veered back into his lane, apparently trying to avoid an accident, causing his car to go into a slide. Salrin's back wheels slid off the pavement and his car shot across the road, hitting the oncoming truck. The driver of the truck died as a result of the accident. A blood-alcohol test revealed Salrin's blood-alcohol content to be approximately .36%.

Driving while intoxicated in conjunction with repeated crossings of the median is sufficient to sustain a conviction of reckless homicide. Broderick v. State (1967), 249 Ind. 476, 231 N.E.2d 526. However, evidence of intoxication coupled with a single incident of crossing the center line is not sufficient to sustain a charge of reckless homicide. DeVaney v. State (1972), 259 Ind. 483, 288 N.E.2d 732.

Salrin contends the facts in his case are more closely related to those in DeVaney than in Broderick. We decline Salrin's invitation to re-evaluate and reweigh the testimony in comparing the factual circumstances in the instant case with those of previously decided cases. The jury was instructed as to the definition of recklessness, and found against Salrin. Salrin was in an extremely intoxicated...

To continue reading

Request your trial
15 practice notes
  • Newton v. State, No. 2-283A65
    • United States
    • Indiana Court of Appeals of Indiana
    • November 29, 1983
    ...dismiss filed prior to the arraignment and plea. Marchand v. State, (1982) Ind.App., 435 N.E.2d 284; Salrin v. State, (1981) Ind.App., 419 N.E.2d 1351. Newton first raised the issue of constitutionality in his appellate brief. Thus, his failure to file a motion to dismiss relating to the st......
  • Taylor v. State, No. 4-1282A384
    • United States
    • Indiana Court of Appeals of Indiana
    • December 19, 1983
    ...involved therein or with the knowledge of facts which would disclose danger to a reasonable person. Salrin v. State, (1981) Ind.App., 419 N.E.2d 1351. See also Shorter v. State, (1954) 234 Ind. 1, 122 N.E.2d 847 (appeal from convictions of Reckless Driving and Driving While Intoxicated); Be......
  • Brown v. State, No. 49A05-0506-CR-321.
    • United States
    • Indiana Court of Appeals of Indiana
    • June 7, 2006
    ...Newton v. State, 456 N.E.2d 736, 739 (Ind.Ct.App.1983); Marchand v. State, 435 N.E.2d 284, 287 (Ind.Ct.App.1982); Salrin v. State, 419 N.E.2d 1351, 1354 (Ind.Ct.App.1981). In other cases, both this Court and our supreme court have addressed the merits of a constitutional challenge after rec......
  • Marchand v. Tyson, No. S 83-15.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • April 14, 1983
    ...untimely failure to challenge the constitutionality of a statute constituted a waiver under the holding of Salrin v. State, Ind.App., 419 N.E.2d 1351 (1982). Because Indiana law precludes the raising of a constitutional challenge to a statute for the first time on appeal, Salrin, supra, que......
  • Request a trial to view additional results
15 cases
  • Newton v. State, No. 2-283A65
    • United States
    • Indiana Court of Appeals of Indiana
    • November 29, 1983
    ...dismiss filed prior to the arraignment and plea. Marchand v. State, (1982) Ind.App., 435 N.E.2d 284; Salrin v. State, (1981) Ind.App., 419 N.E.2d 1351. Newton first raised the issue of constitutionality in his appellate brief. Thus, his failure to file a motion to dismiss relating to the st......
  • Taylor v. State, No. 4-1282A384
    • United States
    • Indiana Court of Appeals of Indiana
    • December 19, 1983
    ...involved therein or with the knowledge of facts which would disclose danger to a reasonable person. Salrin v. State, (1981) Ind.App., 419 N.E.2d 1351. See also Shorter v. State, (1954) 234 Ind. 1, 122 N.E.2d 847 (appeal from convictions of Reckless Driving and Driving While Intoxicated); Be......
  • Brown v. State, No. 49A05-0506-CR-321.
    • United States
    • Indiana Court of Appeals of Indiana
    • June 7, 2006
    ...Newton v. State, 456 N.E.2d 736, 739 (Ind.Ct.App.1983); Marchand v. State, 435 N.E.2d 284, 287 (Ind.Ct.App.1982); Salrin v. State, 419 N.E.2d 1351, 1354 (Ind.Ct.App.1981). In other cases, both this Court and our supreme court have addressed the merits of a constitutional challenge after rec......
  • Marchand v. Tyson, No. S 83-15.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • April 14, 1983
    ...untimely failure to challenge the constitutionality of a statute constituted a waiver under the holding of Salrin v. State, Ind.App., 419 N.E.2d 1351 (1982). Because Indiana law precludes the raising of a constitutional challenge to a statute for the first time on appeal, Salrin, supra, que......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT