State v. Torphy
| Decision Date | 28 June 1940 |
| Docket Number | 27387. |
| Parties | STATE v. TORPHY. |
| Court | Indiana Supreme Court |
Appeal from Lawrence Circuit Court; John C. Branaman Judge.
Omer S. Jackson, Atty. Gen., Hubert E. Dirks, Deputy Atty. Gen and David F. Long, Pros. Atty., of Bedford, for appellant.
Marshall Woolery and Fred N. Fletcher, both of Bedford, for appellee.
The appellee was charged by affidavit in two counts with second degree burglary and grand larceny. He was tried by a jury and at the conclusion of the state's evidence the trial court sustained a motion for a directed verdict for the defendant. The state has appealed.
The evidence disclosed that on the night of June 14, 1939, the building of the Fraternal Order of Eagles of Bedford, Indiana, was broken into and property and money of the value of $178 taken. The interior of the building was ransacked and a music box was broken and money taken therefrom; cigarettes were stolen; articles of furniture scattered about; and an iron safe weighing more than 600 pounds, which contained the funds of the organization, was carried away. An inspection of the premises revealed that entrance to the building had been gained by means of prying off a window in the rear. An unsuccessful effort had apparently been made to open a window on the side of the building. Fresh tire marks of a motor vehicle were found near the window in the rear of the premises at a place not customarily used for driving or parking automobiles. A lattice fence which was painted green was found to have been broken at a point near the car tracks. The stolen safe was found two or three days later near a cemetery about two miles from the city, and an automobile belonging to the appellee was found abandoned on a street in Bedford. Plaster paris casts were made of the tracks at the rear of the Eagles' building by police officials, and from these casts the kind of tires that had made the tracks was determined. The appellee's car was equipped with such tires and there was evidence that he had recently purchased these tires from a dealer. There were marks on the bumper of the appellee's car bearing evidence of green paint of the same color as that on the lattice fence. The angle of the marks on the bumper corresponded with the angle of the broken lattice. Near the safe was found a 'stone point,' which is a tool used by masons. The point fitted marks left on the window that had been forced open. There were grooves on the right doorsill of the car which corresponded with the wheels of the safe. A hammer was found in the rear seat of the car and it had a peculiar face which likewise corresponded with markings on the bottom of the safe where it had been opened. The appellee was seen operating his automobile on the night of the robbery, but he did not appear at his rooming house thereafter. He was arrested in Bloomington some time later at which time he denied his identity and gave an assumed name.
The appellee moved for a directed verdict in his favor, on the ground that 'the State has failed to prove every material allegation of the affidavit herein, or of either count thereof, against him beyond a reasonable doubt.' It is the state's contention that both the prosecuting attorney and the trial judge misconceived the purpose and functions of a motion for a directed verdict that such a motion...
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