Stone v. State, Nos. 667S28

Docket NºNos. 667S28
Citation15 Ind.Dec. 346, 240 N.E.2d 487, 251 Ind. 198
Case DateSeptember 23, 1968
CourtSupreme Court of Indiana

Page 487

240 N.E.2d 487
251 Ind. 198
Donald L. STONE, Jr., Appellant,
v.
STATE of Indiana, Appellee.
Richard L. RADFORD, Appellant,
v.
STATE of Indiana, Appellee.
Nos. 667S28, 667S29.
Supreme Court of Indiana.
Sept. 23, 1968.
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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5 practice notes
  • Buckner v. State, No. 168S16
    • United States
    • Indiana Supreme Court of Indiana
    • 24 Junio 1969
    ...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......
  • Evans v. State, No. 2--174A46
    • United States
    • Indiana Court of Appeals of Indiana
    • 6 Marzo 1975
    ...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 ......
  • Swininger v. State, No. 975S232
    • United States
    • 10 Agosto 1976
    ...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......
  • Nichols v. State, No. 1267S135
    • United States
    • Indiana Supreme Court of Indiana
    • 7 Abril 1969
    ...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......
  • Request a trial to view additional results
5 cases
  • Buckner v. State, No. 168S16
    • United States
    • Indiana Supreme Court of Indiana
    • 24 Junio 1969
    ...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......
  • Evans v. State, No. 2--174A46
    • United States
    • Indiana Court of Appeals of Indiana
    • 6 Marzo 1975
    ...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 ......
  • Swininger v. State, No. 975S232
    • United States
    • 10 Agosto 1976
    ...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......
  • Nichols v. State, No. 1267S135
    • United States
    • Indiana Supreme Court of Indiana
    • 7 Abril 1969
    ...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......
  • Request a trial to view additional results

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