Smith v. State

• Citation: 265 Ind. 283,354 N.E.2d 216
• Decision Date: 13 September 1976
• Docket Number: No. 1275S364,1275S364
• Parties: Ray SMITH, Appellant, v. STATE of Indiana, Appellee.
• Court: Supreme Court of Indiana

Page 216

354 N.E.2d 216

265 Ind. 283

Ray SMITH, Appellant, v. STATE of Indiana, Appellee.

No. 1275S364.

Supreme Court of Indiana.

Sept. 13, 1976.

Harriette Bailey Conn, Public Defender, David P. Freund, Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Elmer Lloyd Whitmer, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant was indicted for first degree murder on November 4, 1965, of one, Norman Sharp. He entered a plea of not guilty and a special plea of insanity and a plea of self defense. Trial by jury resulted in a verdict of guilty of second degree murder. On May 20, 1966, appellant was sentenced to life imprisonment. Subsequently appellant filed a belated motion to correct errors which was overruled on September 26, 1975. From that ruling he now appeals.

The record reveals the following evidence: Appellant and his wife were having marital difficulties. When appellant got home from work early in the morning of November 4, 1965, his wife was gone. After searching for her he found her with two female companions in a tavern in Rushville. Appellant told his wife to leave with him but she refused. He when went to the sheriff's office in Rushville for help in getting his wife home. Appellant was told that the sheriff was not in. He next sought help from the city police in Rushville but they advised him that they could do nothing.

Appellant returned home and again went to the tavern at closing time. Appellant's wife, the decedent Norman Sharp, Hettie May Woods and Dick Sampson had just left the tavern together and were in Sampson's car when appellant drove beside them and stopped them. Appellant got out of his car and walked over to Sampson's car. He pointed a pistol at his wife and Norman Sharp, who were seated in the back seat of the car, and demanded that his wife get out. He then fired two shots, one hitting Sharp and the other hitting his wife. Both Sharp and appellant's wife died of the wounds so received.

Appellant's sole assignment of error is that the verdict is not supported by sufficient evidence in that the State failed to prove beyond a reasonable doubt that appellant was legally same at the time of the offense. The following evidence was presented on the question of appellant's sanity:

Donald Lee Roberts worked with appellant until midnight on November 3, 1965, which was about two hours before the shooting. He testified that appellant appeared to be sane.

Robert Sturgeon was a security guard at the plant where appellant worked and had known appellant for about eighteen years. He had stopped and talked with appellant while making his 11:00 p.m. rounds on November 3, 1965, and had seen appellant leave at midnight. He testified that appellant appeared normal and not insane.

Dorothy George, the wife of the Rush County Sheriff, talked with appellant in the early morning hours of November 4, 1965, when he came to the jail to seek the sheriff's assistance in removing his wife from the bar. Mrs. George testified that appellant appeared sane. When told that the sheriff was not available the appellant went to the Rushville City Police office where he talked with Robert VanSickle, a captain on the force. Captain VanSickle testified that appellant was sane.

June Ellen Whitfield, appellant's stepdaughter, saw appellant when he got home from work in the early hours of November 4, 1965. When questioned about appellant's sanity she stated that appellant seemed normal and was not insane.

Homey Lay, who had known appellant for several years, testified that he was awakened by appellant at 3:00 a.m. on November 4, 1965, less than one hour after the shootings. Appellant wanted some beer which Lay gave him. Appellant seemed to be 'kidding around' but, in Lay's opinion, was sane.

Burt George, the Rushville County Sheriff, James Ravenscraft, the Chief of the Rushville City Police and Elvin Colmer, an Indiana State Police Sergeant, observed and talked with appellant after he had been arrested in Batesville between five and six hours after the shootings. Each testified that appellant was sane.

Appellant argues that each of these witnesses either contradicted himself by describing unusual behavior on the part of appellant or could not have formed an opinion as to appellant's ability to resist the impulse to kill. These matters were before the jury. It was for them to weigh the evidence and...