Tillman v. State
| Decision Date | 09 April 1975 |
| Docket Number | No. 2--1174A268,2--1174A268 |
| Citation | 163 Ind.App. 563,325 N.E.2d 509 |
| Parties | Dennis TILLMAN, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). |
| Court | Indiana Appellate Court |
Larry R. Champion, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for appellee.
Defendant-appellant Tillman was tried by court and convicted of assault and battery with intent to kill. IC 1971, 35--13--2--1, Ind.Ann.Stat. § 10--401a (Burns Supp. 1974). The sole issue preserved by Tillman's motion to correct errors is the sufficiency of the evidence to sustain a finding that he possessed the requisite intent.
The evidence reveals that on March 20, 1974, Tillman entered the office of a real estate company located at Weir Cook Airport at Indianapolis and inquired of a female employee whether the firm sold stock. After receiving a negative reponse, Tillman grabbed her and drew a weapon described as a cheese knife or miniature meat cleaver. A struggle ensured during which Tillman then seated himself in a chair, forced the woman to sit on his lap, and held the knife to her throat.
When a police officer arrived at the scene, Tillman demanded an airplane, a gun, and one million dollars. He further threatened to kill his hostage unless the demands were met. Another officer who arrived at the scene testified that as he drew his revolver, Tillman threatened 'Don't come near me or I'll kill her.' Thereafter, the Captain of Police at the airport, Dennis Maxey, attempted to talk with Tillman. As he approached, Tillman yelled, 'I'm cutting her, get back.' At this point, Tillman began cutting his victim on the neck and yelled, 'She's bleeding.' Tillman was immediately shot by one of the officers present.
In resolving questions of the sufficiency of the evidence to sustain a criminal conviction, this court may neither weigh evidence nor resolve questions of credibility of witnesses. Rather, we may examine only that evidence most favorable to the State together with all reasonable and logical inferences deducible therefrom. If from that viewpoint there exists substantial evidence of probative value from which the trier of fact could have reasonably inferred guilt beyond a reasonable doubt, the conviction will not be disturbed. See, Reed v. State (1970), 255 Ind. 298, 263 N.E.2d 719; Liston v. State (1969), 252 Ind. 502, 250 N.E.2d 739.
Evidence of a defendant's clear and...
To continue reading
Request your trial
-
Johnson v. State
...except sufficiency of the evidence, pursuant to TR. 50(A)(5). See, Stevenson v. State (1975), Ind.App., 327 N.E.2d 621; Tillman v. State (1975), Ind.App., 325 N.E.2d 509; Boles v. State (1975), Ind.App., 322 N.E.2d 722; Southerland v. Calvert (1974), Ind.App., 320 N.E.2d 803; Saloom v. Hold......
-
Williams v. State, 2--574A118
...a new trial or his belated motion to correct errors, the alleged constitutional violation is deemed waived. TR. 59(G); Tillman v. State (1975), Ind.App., 325 N.E.2d 509; Day v. State (1974), Ind.App., 320 N.E.2d 827, 828 N.2; Bennett v. State (1973), Ind.App., 304 N.E.2d 827. Petitioner nex......
-
White v. State, 2--175A5
...as objectionable in the motion tocorrect errors, and therefore the issue must be deemed to be waived. TR. 59(G); Tillman v. State (1975), Ind.App. 325 N.E.2d 509; Day v. State (1974), Ind.App., 320 N.E.2d 827, 828 n. 2; Bennett v. State (1973), Ind.App., 304 N.E.2d Judgment affirmed. 1 IC 1......
-
Bell v. State
...testimony at trial. Failure to raise this issue in the motion to correct errors waives any error on appeal. Tillman v. State (1975), Ind.App. 325 N.E.2d 509, 510; Day v. State (1974), Ind.App., 320 N.E.2d 827, 828, n. 2. Also, Bell has failed to cite any authority in her brief to support th......