Smith v. State, No. 268

Docket NºNo. 268
Citation260 N.E.2d 558, 22 Ind.Dec. 197, 254 Ind. 401
Case DateJuly 24, 1970
CourtSupreme Court of Indiana

Page 558

260 N.E.2d 558
254 Ind. 401
William Braxton SMITH, Appellant,
v.
STATE of Indiana, Appellee.
No. 268 S 19.
Supreme Court of Indiana.
July 24, 1970.

[254 Ind. 402] Frederick B. Robinson, Indianapolis, for appellant.

John J. Dillon, former Atty. Gen., John Price, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Judge.

This is an appeal from a conviction of second degree burglary following a trial by jury in Division One of the Criminal Court of Marion County.

The crime of second degree burglary is defined by Acts 1941, ch. 148, § 4, being Burns Ind.Stat.Ann. § 10--701:

'(b) Whoever breaks and enters into * * * or any building or structure other than a dwelling house or place of human habitation, with the intent to commit a felony therein, shall be guilty of burglary in the second degree, and upon conviction shall be imprisoned not less than two (2) years nor more than five (5) years and be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period: Provided, however, That the court shall have power to suspend prison sentence and place the defendant on probation in accordance with existing law.'

Appellant filed a motion for new trial which was overruled and which brings about this appeal. Appellant urges two grounds for reversal: 1) The verdict of the jury is not sustained by sufficient evidence. 2) The verdict of the jury is contrary to law. Since both grounds of the above motion raised substantially the same questions, the appellant grouped the allegations together in his argument and this Court will do likewise in this opinion.

The appellant herein is challenging the sufficiency of the evidence. The appellant alleges that the appellee failed to prove a necessary element of the crime of Second Degree Burglary, the element being the 'intent to commit a felony therein.' In reviewing this allegation this [254 Ind. 403] Court will not weigh the evidence nor resolve questions of credibility, but will look to that evidence and the reasonable inferences

Page 559

therefrom which support the verdict of the trial court. Glover v. State (1970), Ind., 255 N.E.2d 657.

The conviction will be affirmed if from that viewpoint there is evidence of probative value from which a reasonable trier of fact could infer that the appellant was guilty beyond a reasonable doubt. Fair v. State (1969), Ind., 250 N.E.2d 744.

The evidence shows that on January 11, 1969, at approximately 2:00 a.m. a...

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188 practice notes
  • Stroud v. State, No. 570S107
    • United States
    • Indiana Supreme Court of Indiana
    • October 15, 1971
    ...271 N.E.2d 893; Grimm v. State (1970), Ind., 258 N.E.2d 407; Sharp v. State (1970), Ind., 260 N.E.2d 593; Smith v. State (1970), Ind., 260 N.E.2d 558; and Langley v. State (1968), 250 Ind. 29, 232 N.E.2d 611. A conviction must be affirmed, if having applied the rule, there is evidence of pr......
  • Bruce v. State, Nos. 1075
    • United States
    • Indiana Supreme Court of Indiana
    • April 19, 1978
    ...the trier of fact could reasonably infer the existence of each element of the offense beyond a reasonable doubt. Smith v. State, (1970) 254 Ind. 401, 260 N.E.2d 558." James v. State, (1976) Ind., 354 N.E.2d 236, Where the evidence of guilt is essentially circumstantial, the question for the......
  • Fleenor v. State, No. 1184
    • United States
    • Indiana Supreme Court of Indiana
    • October 13, 1987
    ...fact could infer that appellant was guilty beyond a reasonable doubt. Fair v. State (1969) Ind. , 250 N.E.2d 744." Smith v. State (1970), 254 Ind. 401, 260 N.E.2d Here is the evidence most favorable to the verdict. Within two hours prior to the offenses, witnesses Chatham, Griffin, and Albe......
  • Parsons v. State, No. 2--1272A138
    • United States
    • Indiana Court of Appeals of Indiana
    • December 28, 1973
    ...drawn therefrom which support the judgment of the trial court. Felts v. State (1973), Ind.App., 298 N.E.2d 462; Smith v. State (1970), 254 Ind. 401, 260 N.W.2d 558; Holding v. State (1967), 244 Ind. 75, 190 N.E.2d 660; Myers v. State (1960), 240 Ind. 641, 168 N.E.2d [159 Ind.App. 168] There......
  • Request a trial to view additional results
188 cases
  • Stroud v. State, No. 570S107
    • United States
    • Indiana Supreme Court of Indiana
    • October 15, 1971
    ...271 N.E.2d 893; Grimm v. State (1970), Ind., 258 N.E.2d 407; Sharp v. State (1970), Ind., 260 N.E.2d 593; Smith v. State (1970), Ind., 260 N.E.2d 558; and Langley v. State (1968), 250 Ind. 29, 232 N.E.2d 611. A conviction must be affirmed, if having applied the rule, there is evidence of pr......
  • Bruce v. State, Nos. 1075
    • United States
    • Indiana Supreme Court of Indiana
    • April 19, 1978
    ...the trier of fact could reasonably infer the existence of each element of the offense beyond a reasonable doubt. Smith v. State, (1970) 254 Ind. 401, 260 N.E.2d 558." James v. State, (1976) Ind., 354 N.E.2d 236, Where the evidence of guilt is essentially circumstantial, the question for the......
  • Fleenor v. State, No. 1184
    • United States
    • Indiana Supreme Court of Indiana
    • October 13, 1987
    ...fact could infer that appellant was guilty beyond a reasonable doubt. Fair v. State (1969) Ind. , 250 N.E.2d 744." Smith v. State (1970), 254 Ind. 401, 260 N.E.2d Here is the evidence most favorable to the verdict. Within two hours prior to the offenses, witnesses Chatham, Griffin, and Albe......
  • Parsons v. State, No. 2--1272A138
    • United States
    • Indiana Court of Appeals of Indiana
    • December 28, 1973
    ...drawn therefrom which support the judgment of the trial court. Felts v. State (1973), Ind.App., 298 N.E.2d 462; Smith v. State (1970), 254 Ind. 401, 260 N.W.2d 558; Holding v. State (1967), 244 Ind. 75, 190 N.E.2d 660; Myers v. State (1960), 240 Ind. 641, 168 N.E.2d [159 Ind.App. 168] There......
  • Request a trial to view additional results

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