Thompson v. State, No. 582S182

Docket NºNo. 582S182
Citation441 N.E.2d 192
Case DateOctober 28, 1982
CourtSupreme Court of Indiana

Page 192

441 N.E.2d 192
James THOMPSON, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 582S182.
Supreme Court of Indiana.
Oct. 28, 1982.

Page 193

Hugh G. Baker, Jr., Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen. of Ind., Lee Cloyd, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, James Thompson, was convicted by a jury of felony murder, Ind.Code Sec. 35-42-1-1(2) (Burns 1979 Repl.) and was sentenced to the Indiana Department of Correction for a term of fifty years. He raises the single issue of the sufficiency of the evidence in this direct appeal.

A brief summary of the facts from the record most favorable to the state shows that defendant and two friends, Gary Burris and Emmett Merriweather, were playing pool and talking at the M & J Social Club in Indianapolis on the evening of January 29, 1980. They asked an employee to call a cab for them so they could go to a party they knew about. Both defendant and Burris had pistols on them. When the cab arrived, Burris got into the front seat and Merriweather and defendant got into the back. Burris gave the driver directions and eventually had him pull into an alley. Defendant said, "This is not good enough," and when Merriweather asked what wasn't good enough, defendant told him to be quiet. Burris forced the driver to get into the back seat while Merriweather got into the front right seat and defendant drove the cab.

They drove around for approximately half an hour as Burris took the clothes off the cab driver, kept items of value, and then threw the clothes out of the window. At one point the cab driver pleaded with them, saying, "You can take my money, but just please don't hurt me." Eventually they pulled into another alley, where Burris and defendant beat the cab driver on the head until he became unconscious. Burris then pulled the cab driver out of the cab, bound his hands behind his back, and shot him in the head. Merriweather argued with Burris and defendant and said they would not get away with this murder. He got out of the cab and walked back to the apartment of a friend, Carol Wilkins. Defendant and Burris also returned to Wilkins's apartment and had in their possession a cab driver's run sheet, a leather jacket, and a silver watch which they had not had before they left. The cab driver's nude body was found in the alley the next morning. Merriweather testified at trial to all of the above events...

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24 practice notes
  • Hines v. State, No. 52S05–1408–CR–563.
    • United States
    • Indiana Supreme Court of Indiana
    • May 19, 2015
    ...compressed ... as to constitute a single transaction.” See Nunn, 695 N.E.2d at 125 (citing Eddy, 496 N.E.2d at 28 and Thompson v. State, 441 N.E.2d 192, 194 (Ind.1982) ). In Eddy and Thompson. we limited our analysis to whether a homicide occurring after a robbery could be considered “conti......
  • Smith v. State, No. 382S88
    • United States
    • Indiana Supreme Court of Indiana
    • November 4, 1983
    ...direct or circumstantial evidence, and a guilty verdict may be based solely upon circumstantial evidence. Thompson v. State, (1982) Ind., 441 N.E.2d 192; Harris v. State, (1981) Ind., 425 Page 350 N.E.2d 112; Webster v. State, (1978) 270 Ind. 145, 383 N.E.2d 328. In this case, defendant arg......
  • Mauricio v. State, Nos. 683S203
    • United States
    • Indiana Supreme Court of Indiana
    • April 2, 1985
    ...that before a robbery or other theft related 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 o......
  • Choate v. State, No. 183S18
    • United States
    • Indiana Supreme Court of Indiana
    • May 7, 1984
    ...of the trier of fact, the verdict will not be overturned. McAfee v. State, (1984) Ind., 459 N.E.2d 1186; Thompson v. State, (1982) Ind., 441 N.E.2d 192. A guilty verdict may be based solely upon circumstantial evidence. McAfee v. State; Harris v. State, (1981) Ind., 425 N.E.2d 112. Contrary......
  • Request a trial to view additional results
24 cases
  • Hines v. State, No. 52S05–1408–CR–563.
    • United States
    • Indiana Supreme Court of Indiana
    • May 19, 2015
    ...compressed ... as to constitute a single transaction.” See Nunn, 695 N.E.2d at 125 (citing Eddy, 496 N.E.2d at 28 and Thompson v. State, 441 N.E.2d 192, 194 (Ind.1982) ). In Eddy and Thompson. we limited our analysis to whether a homicide occurring after a robbery could be considered “conti......
  • Smith v. State, No. 382S88
    • United States
    • Indiana Supreme Court of Indiana
    • November 4, 1983
    ...direct or circumstantial evidence, and a guilty verdict may be based solely upon circumstantial evidence. Thompson v. State, (1982) Ind., 441 N.E.2d 192; Harris v. State, (1981) Ind., 425 Page 350 N.E.2d 112; Webster v. State, (1978) 270 Ind. 145, 383 N.E.2d 328. In this case, defendant arg......
  • Mauricio v. State, Nos. 683S203
    • United States
    • Indiana Supreme Court of Indiana
    • April 2, 1985
    ...that before a robbery or other theft related 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 o......
  • Choate v. State, No. 183S18
    • United States
    • Indiana Supreme Court of Indiana
    • May 7, 1984
    ...of the trier of fact, the verdict will not be overturned. McAfee v. State, (1984) Ind., 459 N.E.2d 1186; Thompson v. State, (1982) Ind., 441 N.E.2d 192. A guilty verdict may be based solely upon circumstantial evidence. McAfee v. State; Harris v. State, (1981) Ind., 425 N.E.2d 112. Contrary......
  • Request a trial to view additional results

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