Steele v. State, 21S00-8606-CR-573
| Decision Date | 24 February 1988 |
| Docket Number | No. 21S00-8606-CR-573,21S00-8606-CR-573 |
| Parties | Michael E. STEELE, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Susan K. Carpenter, Public Defender, Hilary Bowe, Deputy Public Defender, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Jay Rodia, Deputy Atty. Gen., Indianapolis, for appellee.
A jury trial resulted in appellant being found guilty of Dealing in a Controlled Substance. He received a sentence of fifteen (15) years.
The facts are: Indiana State Trooper Bryson received word from an informant, Grant Newton, that he had arranged to purchase drugs from appellant. Trooper Bryson met with Newton, searched his vehicle for drugs, and followed him to appellant's residence in Connersville, Indiana. Newton was equipped with a body transmitter and Trooper Bryson parked in a coin shop parking lot nearby in order to receive the radio transmission from Newton. In the conversation transmitted to Bryson, the transaction was made for six Percodan pills at four dollars each and Newton handed appellant $24.00. Newton then drove back to the Connersville State Police Post where he met Trooper Bryson and handed him the drugs received in the transaction.
Appellant claims the trial court erred in permitting Trooper Bryson to relate the conversation between appellant and Newton which he heard over the radio. It is appellant's position that the tape recording of the radio communication was the best evidence and that Bryson should not have been allowed to give oral evidence of the conversation. Appellant is in error in this regard. Bryson was not testifying as to the content of the tape which had been made of the radio conversation. He was testifying to what he personally heard over the radio. This situation does not involve the best evidence rule as far as the tape is concerned. Bryson was in fact giving the best evidence of what he had personally heard. Jackson v. State (1980), 274 Ind. 297, 411 N.E.2d 609. The court did not err in permitting Trooper Bryson to testify.
Appellant claims the evidence does not support the verdict of the jury because the State's case relied entirely on the statements of a convicted felon who faced additional pending felony charges. Appellant correctly recites the situation of informant Newton. Newton's factual situation was thoroughly gone into both upon direct examination and on cross-examination, thus the question of Newton's credibility was placed before the jury. It was for them to determine whether or not his testimony was to be believed. This Court will not invade the province of the jury. Herrod v. State (1986), Ind., ...
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