Todd v. State, No. 28672

Docket NºNo. 28672
Citation101 N.E.2d 922, 230 Ind. 85
Case DateDecember 04, 1951
CourtSupreme Court of Indiana

Page 922

101 N.E.2d 922
230 Ind. 85
TODD

v.
STATE.
No. 28672.
Supreme Court of Indiana.
Dec. 4, 1951.

[230 Ind. 86] Ernest E. Owens, Indianapolis, for appellant.

J. Emmett McManamon, Atty. Gen., Merl M. Wall, George W. Hand, Deputies, for appellee.

BOBBITT, Judge.

Appellant was prosecuted by affidavit charging automobile banditry under the Acts of 1929, ch. 54, § 3, being § 10-4710, Burns' Revised Statutes, 1942, Replacement. To this affidavit appellant entered a plea of not guilty. He was tried before a jury which rendered a verdict of guilty and that he be imprisoned in the state prison for a period of ten years. The court found that his true age was thirty-eight years, and sentenced him to serve a determinate period of ten years in the Indiana State Prison. From such judgment this appeal is taken.

Seven separate grounds are advanced by appellant in his motion for a new trial among which are (3) the trial court erred in overruling appellant's motion for a directed verdict of acquittal at the close of the state's case; (6) that the verdict of the jury is not sustained by sufficient evidence. These present the principal question in this case.

The affidavit upon which appellant was tried and convicted alleged that on or about the 20th day of September, 1947, defendant unlawfully attempted to commit and did commit a felony, by fraudulently and knowingly, publishing, passing, and delivering to one Herbert E. Anderson a forged and counterfeit check in the sum of $57.30 with the intent to defraud said Anderson, and alleging further 'that the said Ralph Todd, did have at the time at, on and near the said [230 Ind. 87] premises an automobile or other self-moving conveyance, by the use of which the said Ralph Todd did escape, attempt or escape and intend to escape, contrary to the form of the statute in such case made and provided.'

Said § 10-4710 provides: 'If any person or persons shall commit or attempt to commit a felony, having at the time on or near the premises where such felony is attempted or committed, an automobile, motorcycle, airplane, or other self-moving conveyance, by the use of which he or they escape, attempt to escape or intend to escape, or having attempted or committed such felony, he or they seize an automobile, motorcycle, airplane, or other self-

Page 923

moving conveyance, by the use of which he or they escape or attempt to escape, he, they and each of them shall be guilty of automobile banditry, and, upon conviction thereof, shall be imprisoned in the state prison for any determinate period not less than ten (10) years nor more than twentyfive (25) years.'

This court will not weigh the evidence when its sufficiency is questioned on appeal but will examine the record to see if there is any evidence, or any reasonable inference which may be drawn from the evidence, which would sustain the verdict of the jury or the decision of the trial court. Shacklett v. State, 1926, 197 Ind. 323, 150 N.E. 758; Osborn v. State, 1927, 199 Ind. 44, 154 N.E. 865; Erfman v. State, 1935, 207 Ind. 673, 194 N.E. 326; McAdams v. State, 1948, 226 Ind. 403, 81 N.E.2d 671.

We think the evidence sufficient to establish the crime of forgery. When we examine the record for the purpose of ascertaining whether there is sufficient evidence to sustain a conviction of automobile banditry, considering the evidence most favorable to appellee, we find that Herbert E. Anderson, as a witness for the [230 Ind. 88] state, testified that a previous witness called by the state, one Ruth Todd, gave him the check described in the affidavit on the 20th day of September, 1947 and, in return for said check, he gave her some groceries and meat and the balance between the cost of the...

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36 practice notes
  • Baker v. State, No. 29297
    • United States
    • Indiana Supreme Court of Indiana
    • December 13, 1956
    ...v. State, 1952, 231 Ind. 368, 108 N.E.2d 711; Steffler v. State, 1952, 230 Ind. 557, 104 N.E.2d 729; [236 Ind. 60] Todd v. State, 1951, 230 Ind. 85, 90, 101 N.E.2d 922; Hiner v. State, 1925, 196 Ind. 594, 149 N.E. 168. Mere opportunity to commit crime is insufficient to sustain a conviction......
  • Brown v. State, No. 29661
    • United States
    • Indiana Supreme Court of Indiana
    • December 17, 1958
    ...suspicion, possibility, guess or conjecture. Christen v. State, 1950, 228 Ind. 30, 40, [239 Ind. 215] 89 N.E.2d 445; Todd v. State, 1951, 230 Ind. 85, 90, 101 N.E.2d There is no evidence here that the victim had any money on her person when she disappeared on August 17, 1956. Nor is there a......
  • Flowers v. State, No. 29336
    • United States
    • Indiana Supreme Court of Indiana
    • December 27, 1956
    ...therefrom to determine whether there was a failure of proof. Kallas v. State, 1949, 227 Ind. 103, 83 N.E.2d 769; Todd v. State, 1951, 230 Ind. 85, 101 N.E.2d We have carefully examined the entire transcript consisting of more than 1,000 pages, and from the bill of exceptions containing the ......
  • Shipman v. State, No. 29956
    • United States
    • Indiana Supreme Court of Indiana
    • June 26, 1962
    ...from which a reasonable inference, that establishes the guilt of appellants beyond a reasonable doubt, may be drawn. Todd v. State (1951), 230 Ind. 85, 90, 101 N.E.2d 922; Myers v. State, 1954, 233 Ind. 66, 67, 116 N.E.2d 'The true test of circumstantial evidence is whether 'in the order of......
  • Request a trial to view additional results
36 cases
  • Baker v. State, No. 29297
    • United States
    • Indiana Supreme Court of Indiana
    • December 13, 1956
    ...v. State, 1952, 231 Ind. 368, 108 N.E.2d 711; Steffler v. State, 1952, 230 Ind. 557, 104 N.E.2d 729; [236 Ind. 60] Todd v. State, 1951, 230 Ind. 85, 90, 101 N.E.2d 922; Hiner v. State, 1925, 196 Ind. 594, 149 N.E. 168. Mere opportunity to commit crime is insufficient to sustain a conviction......
  • Brown v. State, No. 29661
    • United States
    • Indiana Supreme Court of Indiana
    • December 17, 1958
    ...suspicion, possibility, guess or conjecture. Christen v. State, 1950, 228 Ind. 30, 40, [239 Ind. 215] 89 N.E.2d 445; Todd v. State, 1951, 230 Ind. 85, 90, 101 N.E.2d There is no evidence here that the victim had any money on her person when she disappeared on August 17, 1956. Nor is there a......
  • Flowers v. State, No. 29336
    • United States
    • Indiana Supreme Court of Indiana
    • December 27, 1956
    ...therefrom to determine whether there was a failure of proof. Kallas v. State, 1949, 227 Ind. 103, 83 N.E.2d 769; Todd v. State, 1951, 230 Ind. 85, 101 N.E.2d We have carefully examined the entire transcript consisting of more than 1,000 pages, and from the bill of exceptions containing the ......
  • Shipman v. State, No. 29956
    • United States
    • Indiana Supreme Court of Indiana
    • June 26, 1962
    ...from which a reasonable inference, that establishes the guilt of appellants beyond a reasonable doubt, may be drawn. Todd v. State (1951), 230 Ind. 85, 90, 101 N.E.2d 922; Myers v. State, 1954, 233 Ind. 66, 67, 116 N.E.2d 'The true test of circumstantial evidence is whether 'in the order of......
  • Request a trial to view additional results

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