Stout v. State, No. 373
| Docket Nº | No. 373 |
| Citation | 262 Ind. 538, 319 N.E.2d 123 |
| Case Date | November 26, 1974 |
| Court | Supreme Court of Indiana |
Page 123
v.
STATE of Indiana, Appellee (Plaintiff Below).
Rehearing Denied Jan. 10, 1975.
[262 Ind. 539]
Page 124
J. E. Holwager, Holwager & Harrell, Beech Grove, for appellant.[262 Ind. 540] Theodore L. Sendak, Atty. Gen., David A. Miller, Deputy Atty. Gen., Indianapolis, for appellee.
PRENTICE, Justice.
Defendant (Appellant) was convicted in a trial to the judge of Assault and Battery with Intent to Kill and of Kidnapping, being respectively Burns Ind.Stat.Ann. § 10--401a (Acts 1959, ch. 49, § 1, p. 119), IC 35--13--2--1 and Burns Ind.Stat.Ann. § 10--2901 (Acts 1905, ch. 169, § 358, p. 584; 1929, ch. 154, § 1, p. 477), IC 35--1--55--1. Two issues are presented by his appeal, to-wit:
(1) Sufficiency of the evidence.
(2) Illegality of the sentencing.
ISSUE I. Defendant's argument upon the sufficiency issue is addressed primarily to the kidnapping conviction; however, his theory, if supportable, is applicable to both crimes. It is his contention that at the time he committed the illegal acts he was incapable, by reason of alcohol and drug ingestion, of the requisite specific intent.
While voluntary intoxication is not a defense in a criminal proceeding, it is, nevertheless, well recognized that the absence of a specific intent, regardless of the cause of such mental state, is a defense to any crime requiring such an intent. To this extent, mental incapacity, although occasioned by the voluntary ingestion of alcohol or drugs, is a defense. The existence of this mental condition or incapacity, however, is a question of fact to be determined by the trier thereof--in this case, the trial judge. Preston v. State (1972), Ind., 287 N.E.2d 347; Daniels v. State (1971), 257 Ind. 376, 274 N.E.2d 702; New v. State (1970), 254 Ind. 307, 259 N.E.2d 696.
Given the foregoing, we acknowledge that the apparent senselessness of the defendant's actions in committing the assault and battery and the abduction of the State's witness would be persuasive factors and that there was evidence of consumption of a substantial amount of alcohol and of some [262 Ind. 541] drugs shortly prior to such acts. The defendant fired a shotgun at his friend's automobile and at his own house, without apparent reason or motivation. He pointed the gun at the husband of the prosecuting witness while the witness and her husband were stopped in their automobile at a traffic signal. He fired into the automobile, striking both the prosecuting witness and her husband, both of whom were strangers to him. He ordered both from the automobile, and after they alighted he ordered the prosecuting witness back in. He then entered the driver's seat and drove away....
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Greider v. Duckworth, No. 82-1487
...upon reading the hospital form before signing as actions of a man capable of entertaining a specific intent. See also Stout v. State, 262 Ind. 538, 319 N.E.2d 123 (1974); Taylor v. State, 260 Ind. 264, 295 N.E.2d 600 (1973), cert. denied, 414 U.S. 1012, 94 S.Ct. 377, 38 L.Ed.2d 250. Moreove......
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Dudley v. State, No. 783S263
...1982 had been set on November 18, 1982, to which Appellants could have objected but did not, any error is waived. Stout v. State, (1974) 262 Ind. 538, 319 N.E.2d 123, reh. Next Dudley and Phillips argue the statements of aggravating circumstances set forth by the trial judge were insufficie......
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Carter v. State, No. 2-178A5
...149; Patterson v. State, (1978) 267 Ind. 515, 371 N.E.2d 1309; James v. State, (1976) 265 Ind. 384, 354 N.E.2d 236; Stout v. State, (1974) 262 Ind. 538, 319 N.E.2d 123; Anderson v. State, (1978) Ind.App., 380 N.E.2d Thus, case law has developed an indirect defense 5 in regard to an intoxica......
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Murphy v. State, No. 975S245
...supra, 261 Ind. at 583, 307 N.E.2d at 471, citing Elmer v. State, (1972) 259 Ind. 241, 286 N.E.2d 408. See also Stout v. State, (1974) 262 Ind. 538, 319 N.E.2d 123; Preston v. State, (1972) 259 Ind. 353, 287 N.E.2d Moreover, this instruction, by analogizing the 'influence' of drugs to intox......
-
Greider v. Duckworth, No. 82-1487
...upon reading the hospital form before signing as actions of a man capable of entertaining a specific intent. See also Stout v. State, 262 Ind. 538, 319 N.E.2d 123 (1974); Taylor v. State, 260 Ind. 264, 295 N.E.2d 600 (1973), cert. denied, 414 U.S. 1012, 94 S.Ct. 377, 38 L.Ed.2d 250. Moreove......
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Dudley v. State, No. 783S263
...1982 had been set on November 18, 1982, to which Appellants could have objected but did not, any error is waived. Stout v. State, (1974) 262 Ind. 538, 319 N.E.2d 123, reh. Next Dudley and Phillips argue the statements of aggravating circumstances set forth by the trial judge were insufficie......
-
Carter v. State, No. 2-178A5
...149; Patterson v. State, (1978) 267 Ind. 515, 371 N.E.2d 1309; James v. State, (1976) 265 Ind. 384, 354 N.E.2d 236; Stout v. State, (1974) 262 Ind. 538, 319 N.E.2d 123; Anderson v. State, (1978) Ind.App., 380 N.E.2d Thus, case law has developed an indirect defense 5 in regard to an intoxica......
-
Murphy v. State, No. 975S245
...supra, 261 Ind. at 583, 307 N.E.2d at 471, citing Elmer v. State, (1972) 259 Ind. 241, 286 N.E.2d 408. See also Stout v. State, (1974) 262 Ind. 538, 319 N.E.2d 123; Preston v. State, (1972) 259 Ind. 353, 287 N.E.2d Moreover, this instruction, by analogizing the 'influence' of drugs to intox......