Springer v. State

• Decision Date: 15 May 1984
• Docket Number: No. 383S98,383S98
• Citation: 463 N.E.2d 243
• Parties: Wayne R. SPRINGER, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 243

463 N.E.2d 243

Wayne R. SPRINGER, Appellant, v. STATE of Indiana, Appellee.

No. 383S98.

Supreme Court of Indiana.

May 15, 1984.

Susan K. Carpenter, Public Defender, David P. Freund, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Latriealle Wheat, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-Appellant Wayne R. Springer was convicted by a jury in the Vermillion Circuit Court of class A felony robbery and class A felony attempted murder. The trial court subsequently sentenced Appellant to two consecutive imprisonment terms of thirty-five years each. Appellant now directly appeals and raises the following four issues:

1. whether sufficient evidence supports Appellant's robbery conviction;

2. whether the trial court erred by admitting a certain knife into evidence;

3. whether the trial court erred by rejecting Appellant's proposed final instruction on voluntary intoxication; and

4. whether the trial court erred by giving its final instructions 14 and 19 pertaining to the attempted murder and robbery charges.

The facts adduced at trial and most favorable to the State show that seventeen-year-old Donald Wagner set out from his father's home in Lake Station to go to Texas on August 29, 1981. He was carrying $100 in cash and $200 in traveler's checks. On that same date, John Rodrigues and Appellant set out to drive from Chicago Heights, Illinois, to Clinton, Indiana, to attend a pig roast. As Wagner was walking along a highway near Lake Station, Appellant drove by in Rodrigues' automobile, stopped, and offered Wagner a ride. Wagner accepted. Several stops were made en route to Clinton including one to buy a case of beer and another to use a truckstop restroom. While at the truck stop, Wagner bought a pocketknife. Appellant, Rodrigues and Wagner eventually arrived in Clinton and attended the pig roast where each drank beer. Sometime later, Wagner fell asleep in the back seat of Rodrigues' car. Wagner testified that he was awakened outside of the car by someone pulling his left arm behind his back while holding a sharp object to his throat. Wagner did not know who was so holding him until he heard Appellant say: "give me everything you've got and if you yell I will cut your throat." Wagner responded by giving Appellant his wallet, cash, traveler's checks, and recently purchased knife. Appellant thereupon began to jab Wagner and "slice" at his back with his knife. Appellant kicked Wagner causing him to fall down. He also stabbed Wagner several more times before flipping him over and stabbing him in the chest. Wagner said that he screamed and tried to get away but was unable to. Sometime during the attack, Appellant laughed, grabbed Wagner's hair, pulled his head back and cut across Wagner's throat. Appellant subsequently left Wagner lying in a gully and unable to move. Appellant returned the next morning and kicked Wagner in the ribs a few times before leaving. Wagner pretended to be dead. Several hours later, Appellant again returned and stabbed Wagner some more when he saw Wagner's hand move. Appellant left and Wagner was found lying in the gully in critical condition at approximately 4:30 that afternoon. Wagner testified that he received some twenty-six to thirty stab wounds of varying size including wounds to his nose, face, left ear, throat, chin, right hand, chest, lung, kidney and back. Wagner spent approximately three weeks in a hospital recuperating including four days in an intensive care unit. Appellant was arrested after having cashed several of Wagner's traveler's checks.

I

Appellant first challenges the sufficiency of the evidence supporting his robbery conviction. Appellant's claim, however, is based only upon his own testimony that he found the victim's stolen property in Rodrigues' automobile. He does not deny that he cashed some of Wagner's traveler's checks and used the proceeds for himself. The victim testified that Appellant demanded and took from him his billfold, cash, traveler's checks and knife.

With regard to sufficiency of evidence questions, it is well-settled that this Court will neither reweigh the evidence nor determine the credibility of witnesses but will consider only that evidence most favorable to the State with all logical and reasonable inferences therefrom. Moreover, it is well-established that the uncorroborated testimony of the prosecuting witness is sufficient to sustain a felony conviction. Jones v. State (1983) Ind., 445 N.E.2d 98; Brown v. State, (1982) Ind., 435 N.E.2d 7 (robbery conviction). Reviewing the evidence in the instant case as above stated, we find more than sufficient evidence of probative value to support Appellant's robbery conviction.

II

Appellant next contends that the trial court erred by admitting into evidence a certain knife which was State's exhibit 8. Although the State conceded at trial that exhibit 8 was not the knife Appellant used to attack Donald Wagner, Wagner testified that exhibit 8 was "exactly like" the knife Appellant used to stab him. The knife used by Appellant in his attack was referred to repeatedly throughout Appellant's trial. Photographs were introduced to show the knife wounds caused by Appellant and Wagner showed the resulting scars. The State now argues that State's exhibit 8 was demonstrative evidence of the knife referred to throughout the trial and therefore was admissible. We do not agree. This Court has held:

"The laying of the adequate foundation by ...