Stroud v. State, No. 279S41

Docket NºNo. 279S41
Citation272 Ind. 12, 395 N.E.2d 770
Case DateOctober 16, 1979
CourtSupreme Court of Indiana

Page 770

395 N.E.2d 770
272 Ind. 12
Mitchell STROUD, Appellant,
v.
STATE of Indiana, Appellee.
No. 279S41.
Supreme Court of Indiana.
Oct. 16, 1979.

Thomas C. Ryan, Deputy Public Defender, Ft. Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Philip R. Blowers, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-appellant Mitchell Stroud was charged by information in Allen Superior Court with felony murder in connection with the shooting death of Daniel Norris. On August 30, 1978, he was found guilty of this charge by a jury. Appellant was sentenced to a determinate prison term of forty years.

The only issue appellant raises on this appeal concerns whether there was sufficient evidence to support the giving of an instruction on felony murder. Ind.Code § 35-42-1-1 (Burns 1979 Repl.) provides in part:

"A person who:

(2) Kills another human being while committing or attempting to commit . . . robbery; commits murder, a felony."

Appellant claims there was no evidence tending to prove: (1) that appellant caused the death of Norris; and (2) that Norris was killed during the commission of a felony. We note as an initial matter that appellant admits taking part in the robbery. The facts pertinent to the disposition of this question are as follows.

On April 3, 1978, Paul Chapman and the decedent Daniel Norris were hitchhiking in the city of Fort Wayne when they were picked up by Greg [272 Ind. 13] Brownlow and appellant Mitchell Stroud. Brownlow was driving the car. After they had travelled a short distance, Brownlow pulled the car into a darkened parking lot. Stroud pointed a gun at Chapman and Norris, and Brownlow asked them how much money they had. They were ordered to raise their hands, and while Brownlow held the gun on the two, Stroud searched them, removing their wallets and other belongings from them. Brownlow then handed the pistol back to Stroud, who kept it trained on Chapman and the decedent Norris. They were then told to close their eyes. Norris refused to shut his eyes, and several more words were exchanged. Norris then grabbed for the gun Stroud was holding. As the two struggled for control of the gun, two shots were fired. The first struck appellant Stroud on the arm. The second shot struck Norris in the head, and he died from this wound a short time later. The struggle over the gun and the shootings took place very quickly.

Among the final instructions read to the jury was State's instruction number four, which states in part:

Page 771

"To sustain the charge of murder, the State must prove the following propositions:

1. That the defendant was committing or attempting to commit the crime of robbery;

2. That when the defendant did so he engaged in conduct causing the death of Daniel Grant Norris, whether the killing was intentional, unintentional or accidental....

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15 practice notes
  • Hines v. State, No. 52S05–1408–CR–563.
    • United States
    • Indiana Supreme Court of Indiana
    • May 19, 2015
    ...robbery and the shooting were so closely connected ... as to be one continuous transaction.”) (emphasis added) (quoting Stroud v. State, 272 Ind. 12, 14, 395 N.E.2d 770, 771 (1979) ). The continuous crime doctrine applies only where a defendant has been charged multiple times with the same ......
  • Mauricio v. State, Nos. 683S203
    • United States
    • Indiana Supreme Court of Indiana
    • April 2, 1985
    ...crime is complete there must be an asportation of property. Thompson v. State, (1982) Ind., 441 N.E.2d 192, 194; Stroud v. State, (1979) 272 Ind. 12, 14, 395 N.E.2d 770, 771. However, this robbery and shooting were so closely connected in point of time, place and continuity of action as to ......
  • State v. Archuleta, No. 900041
    • United States
    • Supreme Court of Utah
    • March 25, 1993
    ...assault, ... aggravated kidnapping, kidnapping, or child kidnapping. 45 740 P.2d 1264, 1267 (Utah 1987). 46 Id. (citing Stroud v. State, 395 N.E.2d 770, 771 47 Id. at 1268. 48 We also note that evidence was presented at trial to support the jury's determination that the murder was committed......
  • Stroud v. State, No. 02A05-9106-PC-199
    • United States
    • Indiana Court of Appeals of Indiana
    • March 5, 1992
    ...testimony regarding the show-up identification of Stroud. The facts most favorable to the judgment are set out in Stroud v. State (1979), 272 Ind. 12, 395 N.E.2d 770 as On April 3, 1978, Paul Chapman and the decedent Daniel Norris were hitchhiking in the city of Fort Wayne when they were pi......
  • Request a trial to view additional results
15 cases
  • Hines v. State, No. 52S05–1408–CR–563.
    • United States
    • Indiana Supreme Court of Indiana
    • May 19, 2015
    ...robbery and the shooting were so closely connected ... as to be one continuous transaction.”) (emphasis added) (quoting Stroud v. State, 272 Ind. 12, 14, 395 N.E.2d 770, 771 (1979) ). The continuous crime doctrine applies only where a defendant has been charged multiple times with the same ......
  • Mauricio v. State, Nos. 683S203
    • United States
    • Indiana Supreme Court of Indiana
    • April 2, 1985
    ...crime is complete there must be an asportation of property. Thompson v. State, (1982) Ind., 441 N.E.2d 192, 194; Stroud v. State, (1979) 272 Ind. 12, 14, 395 N.E.2d 770, 771. However, this robbery and shooting were so closely connected in point of time, place and continuity of action as to ......
  • State v. Archuleta, No. 900041
    • United States
    • Supreme Court of Utah
    • March 25, 1993
    ...assault, ... aggravated kidnapping, kidnapping, or child kidnapping. 45 740 P.2d 1264, 1267 (Utah 1987). 46 Id. (citing Stroud v. State, 395 N.E.2d 770, 771 47 Id. at 1268. 48 We also note that evidence was presented at trial to support the jury's determination that the murder was committed......
  • Stroud v. State, No. 02A05-9106-PC-199
    • United States
    • Indiana Court of Appeals of Indiana
    • March 5, 1992
    ...testimony regarding the show-up identification of Stroud. The facts most favorable to the judgment are set out in Stroud v. State (1979), 272 Ind. 12, 395 N.E.2d 770 as On April 3, 1978, Paul Chapman and the decedent Daniel Norris were hitchhiking in the city of Fort Wayne when they were pi......
  • Request a trial to view additional results

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