Taylor v. State, No. 669S129

Docket NºNo. 669S129
Citation24 Ind.Dec. 666, 256 Ind. 170, 267 N.E.2d 383
Case DateMarch 15, 1971

Page 383

267 N.E.2d 383
256 Ind. 170
Michael TAYLOR, a/k/a Carol Perice, Appellant,
v.
STATE of Indiana, Appellee.
No. 669S129.
Supreme Court of Indiana.
March 15, 1971.
Rehearing Denied May 14, 1971.

Charles W. Symmes, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., William F. Thompson, Asst. Atty. Gen., for appellee.

DeBRULER, Judge.

This is an appeal from a conviction for possession of narcotics equipment in violation of I.C.1971, 35--24--1--2, being Burns § 10--3520(c). The trial was without jury in the Marion County Criminal Court, Division 1, and appellant was sentenced to one to five years in prison and fined $200.00.

The indictment reads as follows:

'The Grand Jury for the County of Marion in the State of Indiana, upon their oath do present that MICHAEL [256 Ind. 171] TAYLOR alias CAROL PERICE on or about the 9th day of OCTOBER, A.D. 1968, at and in the County of Marion and in the State of Indiana, did then and there unlawfully and feloniously possess

Page 384

and have under his control certain instruments, (sic) to-wit: an eye-dropper, needle, syringe and bottle cap with intent to unlawfully administer and use narcotic drugs, which said instruments were then and there adapted for the use of narcotic drugs by injection in a human being, then and there being. * * *'

Under this indictment appellee was required to introduce evidence on each of the following elements:

(1) Appellant had possession of certain instruments, namely, an eye-dropper, needle, syringe and bottle cap;

(2) These instruments were adapted for the use of narcotic drugs by injection in a human being; and

(3) Appellant possessed those instruments with the intent to unlawfully administer and use narcotic drugs.

Appellant's sole contention on appeal is that there was insufficient evidence to sustain the trial court finding that appellant possessed the instruments with intent to unlawfully administer narcotic drugs.

In reviewing the allegation of insufficient evidence this Court will not weigh the evidence nor resolve questions of credibility of witnesses, but will look to that evidence and the reasonable inferences therefrom which support the finding of the trial court. Asher v. State (1969), Ind., 244 N.E.2d 89. The conviction will be affirmed if from that viewpoint there is evidence of probative value from which the trier of fact could reasonably infer that the appellant was guilty beyond a reasonable doubt. Smith v. State (1970), Ind., 260 N.E.2d 558.

The evidence which tends to support the trial court finding comes from two witnesses and is as...

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25 practice notes
  • Cooper v. State, No. 2--773A170
    • United States
    • Indiana Court of Appeals of Indiana
    • November 30, 1976
    ...490; Dabner v. State (1972), 258 Ind. 179, 279 N.E.2d 797; Stevens v. State (1971), 257 Ind. 386, 275 N.E.2d 12; Taylor v. State (1971), 256 Ind. 170, 267 N.E.2d 383; Von Hauger v. State (1971), 255 Ind. 666, 266 N.E.2d 197; Bradley v. State (1972), 153 Ind.App. 421, 287 N.E.2d 759; Sargent......
  • Bradley v. State, No. 2--572A3
    • United States
    • Indiana Court of Appeals of Indiana
    • October 10, 1972
    ...3) That Bradley possessed these instruments with the intent to unlawfully administer and use narcotic drugs. Taylor v. State (Ind.1971), 267 N.E.2d 383; Von Hauger v. State (Ind.1971), 266 N.E.2d It is uncontested that the evidence presented by the State proved the existence of the first tw......
  • Pinkerton v. State, No. 770S142
    • United States
    • Indiana Supreme Court of Indiana
    • June 6, 1972
    ...that the appellant was guilty beyond a reasonable doubt. Fuller v. State (supra); Gibson v. State (supra); Taylor v. State (1971), Ind., 267 N.E.2d 383. [258 Ind. 613] The evidence, viewed most favorably to the State, discloses the following. The defendant resided in the city of Goshen, whe......
  • Berry v. State, No. 372A141
    • United States
    • Indiana Court of Appeals of Indiana
    • October 3, 1972
    ...doubt. Coleman v. State (1971), Ind., 275 N.E.2d 786; Gibson v. State (1971), Ind., 271 N.E.2d 706; Taylor v. State (1971), Ind., 267 N.E.2d 383. In the instant case, the evidence most favorable to the State reveals the On the evening of August 3, 1971, Mrs. Gertrude Gaddis, a fifty-six yea......
  • Request a trial to view additional results
25 cases
  • Cooper v. State, No. 2--773A170
    • United States
    • Indiana Court of Appeals of Indiana
    • November 30, 1976
    ...490; Dabner v. State (1972), 258 Ind. 179, 279 N.E.2d 797; Stevens v. State (1971), 257 Ind. 386, 275 N.E.2d 12; Taylor v. State (1971), 256 Ind. 170, 267 N.E.2d 383; Von Hauger v. State (1971), 255 Ind. 666, 266 N.E.2d 197; Bradley v. State (1972), 153 Ind.App. 421, 287 N.E.2d 759; Sargent......
  • Bradley v. State, No. 2--572A3
    • United States
    • Indiana Court of Appeals of Indiana
    • October 10, 1972
    ...3) That Bradley possessed these instruments with the intent to unlawfully administer and use narcotic drugs. Taylor v. State (Ind.1971), 267 N.E.2d 383; Von Hauger v. State (Ind.1971), 266 N.E.2d It is uncontested that the evidence presented by the State proved the existence of the first tw......
  • Pinkerton v. State, No. 770S142
    • United States
    • Indiana Supreme Court of Indiana
    • June 6, 1972
    ...that the appellant was guilty beyond a reasonable doubt. Fuller v. State (supra); Gibson v. State (supra); Taylor v. State (1971), Ind., 267 N.E.2d 383. [258 Ind. 613] The evidence, viewed most favorably to the State, discloses the following. The defendant resided in the city of Goshen, whe......
  • Berry v. State, No. 372A141
    • United States
    • Indiana Court of Appeals of Indiana
    • October 3, 1972
    ...doubt. Coleman v. State (1971), Ind., 275 N.E.2d 786; Gibson v. State (1971), Ind., 271 N.E.2d 706; Taylor v. State (1971), Ind., 267 N.E.2d 383. In the instant case, the evidence most favorable to the State reveals the On the evening of August 3, 1971, Mrs. Gertrude Gaddis, a fifty-six yea......
  • Request a trial to view additional results

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