Thompson v. State
| Citation | 162 Ind.App. 381,319 N.E.2d 670 |
| Decision Date | 11 December 1974 |
| Docket Number | No. 3--1273A165,3--1273A165 |
| Parties | Harold Earl THOMPSON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee. |
| Court | Indiana Appellate Court |
Bernard M. Tetek, Gerald N. Svetanoff, Gary, for appellant.
Theodore L. Sendak, Atty. Gen., Glenn A. Grampp, Deputy Atty. Gen., Indianapolis, for appellee.
The defendant was tried by jury and convicted of rape. The asserted error is the admission of testimony of two witnesses, in addition to the prosecuting witness, who advised the jury that defendant had raped them. We hold that under the circumstances here present, the introduction of this testimony as a part of the state's case was proper.
A well established exception to the rule precluding evidence of prior crimes is that when material to the issues before the trier of fact, it may be introduced to establish a common plan, scheme or design on the part of the defendant which renders more probable his commission of the offense charged. Duvose v. State (1971), 257 Ind. 450, 275 N.E.2d 536; Meeks v. State (1968), 249 Ind. 659, 234 N.E.2d 629; Loveless v. State (1960), 240 Ind. 534, 166 N.E.2d 864.
In the case before us the defense vigorously contested that defendant was in any manner involved. The prosecuting witness, and the other two witnesses whose testimony is in dispute, were each extensively cross examined on their identifications of the defendant. The defendant testified and denied any knowledge of or involvement in the crime. The issues on trial were different than those in Meeks where the defendant admitted the act of intercourse but claimed it was by consent.
The prosecuting witness testified that on the day in question at about 10:00 a.m. she was in her back yard hanging clothes to dry. The defendant came up to her in the yard and inquired whether she needed any remodeling done to her home. When she replied they did not, he left. A short time later he returned, knocked at the door and inquired whether she had any old appliances to sell. He then forced his way in and threatened her with a knife. Before raping her, he committed cunnilingus upon her.
The first of the two witnesses whose testimony is objected to, resided within the same general area of mid-southern Gary as the prosecuting witness. She testified that on January 3, 1966, some four and a half months prior to the crime charged, at about 10:00 in the morning, she noticed a man, whom she positively identified as the defendant, walking behind her as she went down the alley to her garage. She entered the garage and saw him walk on down the alley. Moments later as she was about to unlock her door, the defendant grabbed her arm. He asked for her money and that she have intercourse with him. When she pleaded to be let alone he threatened to 'cut' her neck. He then had intercourse with her.
The second witness, whose residence is between the other...
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Merry v. State
...Meeks case on the same basis that it applied only to rape cases where consent was the only disputed issue. Finally, in Thompson v. State (1974), Ind.App., 319 N.E.2d 670, this court determined that prior offenses would be admissible even in a prosecution for rape when consent was the only i......
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