Smith v. State, 1169S267

Citation266 N.E.2d 216,255 Ind. 687
Decision Date10 February 1971
Docket NumberNo. 1169S267,1169S267
PartiesRichard Leslie SMITH, Appellant, v. STATE of Indiana, Appellee.
CourtSupreme Court of Indiana

Michael T. Dugan II, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Mark Peden, Walter E. Bravard, Jr., Deputy Attys. Gen., for appellee.

PRENTICE, Judge.

Defendant was convicted of rape under Acts of 1941, ch. 148, § 3, (1956 Repl.) Burns' 10--4201, in that he did '* * * unlawfully and feloniously have carnal knowledge of * * *,' the complaining witness, '* * * a woman, forcibly and against her will. * * *.' The appeal is predicated upon the sufficiency of the evidence, and the further charge by the defendant that he was inebriated to the extent of being incapable of either the act of sexual intercourse or of the specific intent for the rape.

The evidence disclosed that the complaining witness voluntarily entered the vehicle operated by one Rubin, in which defendant was a passenger and that she voluntarily rode and drank some beer with them. It further disclosed that, on one occasion, defendant and Rubin offered to let her out and she refused because of the heavy traffic at that point along the road and that ultimately, the parties drove to a secluded spot where the defendant stood behind the automobile, urinated, and drank beer for from twenty to thirty minutes while Rubin had sexual relations with the complaining witness inside the vehicle.

There is conflicting testimony on the points of whether or not defendant also had sexual relations with the complaining witness and whether or not the act of intercourse between Rubin and her was against her will.

Without here restating each point raised by defendant, we shall proceed to answer the same.

When the sufficiency of the evidence is raised as an issue on appeal, this Court has often stated that it will look only to that evidence and the reasonable inferences therefrom which support the findings of the trial court. Asher v. State (1969), Ind., 244 N.E.2d 89.

The conviction will be affirmed if, from that viewpoint, there is evidence of probative value from which the trier of facts could reasonably infer that the appellant was guilty beyond a reasonable doubt. Smith v. State (1970), Ind., 260 N.E.2d 558.

The complaining witness unequivocally identified the defendant as one of the two men who by violence and threats of violence had sexual intercourse with her against her will. It is the law of this state that a conviction for rape may be had solely upon the testimony of the prosecuting witness and victim. Grimm v. State (1970), Ind., 258 N.E.2d 407; Wedmore v. State (1957), 237 Ind. 212, 143 N.E.2d 649.

Appellant would contend that the evidence showed the prosecuting witness to be an immoral person. Assuming such to be the case, it would, nevertheless, go to her credibility only. Montgomery v. State (1967), 249 Ind. 98, 229 N.E.2d 466.

We cannot say that there is no evidence in the record of probative value from which the trial court could...

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18 cases
  • Carter v. State
    • United States
    • Indiana Appellate Court
    • August 11, 1980
    ...not fall within the two classes of cases to which the defense is applicable and which require close scrutiny. They are Smith v. State, (1971) 255 Ind. 687, 266 N.E.2d 216, and Hicks v. State, (1975) 164 Ind.App. 235, 328 N.E.2d 219 (rape), Preston v. State, (1972) 259 Ind. 353, 287 N.E.2d 3......
  • Wolfe v. State
    • United States
    • Indiana Supreme Court
    • October 5, 1981
    ...Bradley v. State, (1870) 31 Ind. 492, 506 (insanity); Henry v. State, (1978) 269 Ind. 1, 379 N.E.2d 132 (entrapment); Smith v. State, 255 Ind. 687, 689, 266 N.E.2d 216 (intoxication). See also, 224 C.J.S. Criminal Laws § 573 The issue of shifting burdens of proofs and presumptions was caref......
  • Yeary v. State
    • United States
    • Indiana Supreme Court
    • September 14, 1971
    ...evidence to support the conviction of the defendant charged with rape. McCormick v. State (1971), Ind., 267 N.E.2d 78; Smith v. State (1971), Ind., 266 N.E.2d 216; Grimm v. State (1970), Ind., 258 N.E.2d 407; Woods v. State (1968), 250 Ind. 132, 235 N.E.2d 479; Wedmore v. State (1957), 237 ......
  • Loman v. State
    • United States
    • Indiana Supreme Court
    • September 8, 1976
    ...told her of the incident. ' A conviction of rape may be sustained solely on the testimony of the prosecuting witness. Smith v. State (1971), 255 Ind. 687, 266 N.E.2d 216.' Beard v. State, (1975) Ind., 323 N.E.2d 216 at 218. In this case, the testimony of the victim was corroborated in part ......
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