Stone v. State, Nos. 667S28
| Docket Nº | Nos. 667S28 |
| Citation | 15 Ind.Dec. 346, 240 N.E.2d 487, 251 Ind. 198 |
| Case Date | September 23, 1968 |
| Court | Supreme Court of Indiana |
Page 487
v.
STATE of Indiana, Appellee.
Richard L. RADFORD, Appellant,
v.
STATE of Indiana, Appellee.
Rehearing Denied Nov. 1, 1968.
Frank P. Huse, Jr., Indianapolis, Fred Graf, Indianapolis, of counsel, for Donald Stone, Jr.
David B. Caldwell, Indianapolis, Fred Graf, Indianapolis, of counsel, for Richard L. Radford.
John J. Dillon, Atty. Gen., Duejean C. Garrett, Rex P. Killian, Deputy Attys. Gen., for State of Indiana.
HUNTER, Judge.
Appellants were charged with the commission of a robbery under Ind.Ann.Stat. § 10--4101 (1956 Repl.). Pursuant to a jury verdict, they were convicted and sentenced to imprisonment for ten to twenty-five years. The only error assigned is the overruling of appellants' motions for a new trial, and the motions for a new trial were based on two contentions:
[251 Ind. 199] '(1) That the verdict of the jury is not sustained by sufficient evidence, and
(2) That the verdict of the jury is contrary to law.'
The appellants' assignment of error in context of their motions for a new trial present only a question of the sufficiency of the evidence. Therefore, this Court may only look to the evidence most favorable to the State in the determination of this appeal. Capps v. State (1967), Ind., 229 N.E.2d 794.
Thus, the evidence, when viewed most favorably to the State, may be summarized as follows: At approximately 8:30 P.M. on December 29, 1966, four men entered the Family Liquor Store located at 1308 Oliver Avenue, Indianapolis, Indiana, which was owned and operated by Julius and Johanna
Page 488
Cohen. The men huddled near the front door for a few minutes. Two of the men then approached Mr. Cohen and displayed a pistol; a third man, later identified by both Mr. and Mrs. Cohen as appellant Stone, approached Mrs. Cohen and displayed a silver gun; and the fourth man, later identified by both Mr. and Mrs. Cohen as appellant Radford, remained near the door some fifteen feet away. One of the men took approximately one thousand, seven hundred seventy-two dollars ($1,172) in ten, five and one dollar bills, all of which belonged to Mr. and Mrs. Cohen as owners of the Family Liquor Store.At approximately 8:41 P.M., having been alerted of the robbery, Officer Robert Potter of the Indianapolis Police Department spotted appellants and a third subject near Stone's automobile about three-quarters of a...
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Buckner v. State, No. 168S16
...a case upon such allegations of error we must look to the facts most favorable to the State's case. Stone v. State (1968), Ind., 15 Ind.Dec. 346, 240 N.E.2d 487; Rogers v. State (1968), Ind., 15 Ind.Dec. 37, 233 N.E.2d 654. On this view facts are these: On March 23, 1967, Officer Owen and O......
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Evans v. State, No. 2--174A46
...232 N.E.2d 597; Moore v. State (1970), 254 Ind. 23, 256 N.E.2d 907; Taylor v. State (1973), Ind., 291 N.E.2d 890; Stone v. State (1968), 251 Ind. 198, 240 N.E.2d 487; White v. State (1967), 249 Ind. 105, 229 N.E.2d The testimony of the three victims and the investigating police officers is ......
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Swininger v. State, No. 975S232
...v. [265 Ind. 140] State, (1976) Ind., 346 N.E.2d 737; Coleman v. State, (1975) Ind., 339 N.E.2d 51; Stone and Radford v. State, (1968) 251 Ind. 198, 240 N.E.2d 487; Foreman v. State, (1938), 214 Ind. 79, 14 N.E.2d ISSUE II The defendants have briefed this issue in such manner as to indicate......
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Nichols v. State, No. 1267S135
...with all reasonable inferences to be deduced therefrom. Coach v. State (1968), Ind., 235 N.E.2d 493; Stone v. State (1968), Ind., 240 N.E.2d 487; Capps v. State (1967), Ind., 229 N.E.2d Page 181 Appellant devotes the greater part of his argument in attacking the testimony of the state's chi......
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Buckner v. State, No. 168S16
...a case upon such allegations of error we must look to the facts most favorable to the State's case. Stone v. State (1968), Ind., 15 Ind.Dec. 346, 240 N.E.2d 487; Rogers v. State (1968), Ind., 15 Ind.Dec. 37, 233 N.E.2d 654. On this view facts are these: On March 23, 1967, Officer Owen and O......
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Evans v. State, No. 2--174A46
...232 N.E.2d 597; Moore v. State (1970), 254 Ind. 23, 256 N.E.2d 907; Taylor v. State (1973), Ind., 291 N.E.2d 890; Stone v. State (1968), 251 Ind. 198, 240 N.E.2d 487; White v. State (1967), 249 Ind. 105, 229 N.E.2d The testimony of the three victims and the investigating police officers is ......
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Swininger v. State, No. 975S232
...v. [265 Ind. 140] State, (1976) Ind., 346 N.E.2d 737; Coleman v. State, (1975) Ind., 339 N.E.2d 51; Stone and Radford v. State, (1968) 251 Ind. 198, 240 N.E.2d 487; Foreman v. State, (1938), 214 Ind. 79, 14 N.E.2d ISSUE II The defendants have briefed this issue in such manner as to indicate......
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Nichols v. State, No. 1267S135
...with all reasonable inferences to be deduced therefrom. Coach v. State (1968), Ind., 235 N.E.2d 493; Stone v. State (1968), Ind., 240 N.E.2d 487; Capps v. State (1967), Ind., 229 N.E.2d Page 181 Appellant devotes the greater part of his argument in attacking the testimony of the state's chi......