Traylor v. State, No. 1--674A101
| Docket Nº | No. 1--674A101 |
| Citation | 164 Ind.App. 50, 326 N.E.2d 614 |
| Case Date | April 30, 1975 |
| Court | Court of Appeals of Indiana |
Page 614
v.
STATE of Indiana, Appellee (Plaintiff below).
Page 615
Gerald E. Surface, Jr., Richmond, for appellant.
[164 Ind.App. 51] Theodore L. Sendak, Atty. Gen., Harry John Watson, III, Deputy Atty. Gen., for appellee.
LYBROOK, Judge.
Defendant-appellant Traylor appeals from a conviction of sale of narcotic drug, to-wit: dilaudid, a derivative of opium, in violation of IC 1971, 35--24--1--2, Ind.Ann.Stat. § 10--3520 (Burns Supp.1972). The following issues are presented for review:
1. Whether the trial court erred in overruling Traylor's Motion to Dismiss the Indictment.
2. Whether the trial court erred in overruling Traylor's Motion for Continuance.
3. Whether the trial court erred in limiting the cross-examination of State's witness Howard Seaton.
4. Whether a proper chain of custody was established to admit into evidence the results of certain chemical tests and State's exhibit no. 1.
5. Whether there was sufficient evidence of probative value to support the conviction.
The evidence favorable to the State reveals that on May 10, 1973, Trooper Donald Bates of the Indiana State Police was working with an informant named Richard Hale on a special narcotics assignment in Richmond. On that day, Bates and Hale met at a prearranged location, and Hale was searched, outfitted with an electronic transmitter so that his activities could be monitored, and given money with which to purchase narcotics. Shortly thereafter, at approximately 5:30 P.M., Hale proceeded in his car to a tavern/poolroom in Richmond. Upon his arrival, hale approached defendant and attempted to purchase narcotics; however, Traylor refused. Hale then approached one Howard Seaton and
Page 616
the two conversed about a possible drug purchase. Seaton then talked to Traylor, returned to Hale and asked for forty dollars ($40.00) with which to make the buy. Hale complied with Seaton's request. Thereupon, Seaton and Traylor entered the men's restroom and Traylor sold Seaton two saccharin-like tablets. After leaving the restroom, Seaton met with Hale and gave him one of the tablets, keeping the other for his own use.[164 Ind.App. 52] Thereafter, Hale met again with Trooper Bates and gave him an old cigarette pack containing the tablet he had received from Seaton. Bates then conducted a field test on the tablet in question, and placed it and the cigarette pack in an evidence envelope. Bates sealed the envelope and initialed it. The envelope was kept in a locked attache case in a locked trunk until May 24, 1973, when Bates turned it over to James Forbes, a chemist for the Indiana State Police. On June 12, 1973, Forbes conducted a quantitative analysis of the tablet and determined that it contained dilaudid, a narcotic drug derived from opium.
Thereafter, Traylor was indicted on two charges: (1) sale of narcotic drug and (2) possession of narcotic drug. Trial by jury resulted in a verdict of guilty on count one (sale) and not guilty on count two (possession). Traylor was fined $1.00 and sentenced to imprisonment for a period of not less than five (5) nor more than twenty (20) years. This appeal followed.
I.
The first issue raised by Traylor is whether the trial court erred in overruling his motion to dismiss the indictment. However, having failed to make an argument in his brief on this issue, he must be deemed to have waived error, if any, in the overruling of the motion. Williams v. State (1973), Ind., 297 N.E.2d 805; Thompson v. State (1975), Ind.App., 321 N.E.2d 861; Ind.Rules of Procedure, Appellate Rule 8.3(A)(7).
II.
Secondly, Traylor maintains that the trial court abused its discretion in denying his motion for continuance. He argues that the ruling constituted a denial of a fair trial in that the continuance was necessary in order to locate material witnesses.
Inasmuch as Traylor's motion for continuance did not comply with the provisions of IC 1971, 35--1--26--1, Ind.Ann.Stat. § 9--1401 (Burns 1956) which governs such motions in...
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People v. Edwards, No. 80-1101
...and circumstances attendant to his ruling); accord, Mitchell v. State (1979), Ind., 398 N.E.2d 1254, 1256; Traylor v. State (1975), 164 Ind.App. 50, 326 N.E.2d 614, 616.) These cases have not focused on the propriety of forcing a defendant to trial but rather Page 1124 [52 Ill.Dec. 915] on ......
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King v. State, No. 2-677A221
...244; Ringham v. State (1974), 261 Ind. 628, 308 N.E.2d 863; Taylor v. State (1976), Ind.App., 358 N.E.2d 167; Traylor v. State (1975), 164 Ind.App. 50, 326 N.E.2d Questions of law are not an appropriate subject for a witness's opinion and are properly excludable. Ledcke v. State (1973), 260......
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Merry v. State, No. 2--774A184
...the denial of the directed verdict was correct. Simpson v. State (1975), Ind.App., 328 N.E.2d 462; Traylor v. State (1975), Ind.App., 326 N.E.2d 614. The sole issue Merry contends the State failed to prove was the knowledge of the father-daughter relationship. In conjunction with the forego......
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Clayton v. State, No. 2--476A165
...beyond a reasonable doubt. [170 Ind.App. 694] McAfee v. State (1973), 259 Ind. 687, 291 N.E.2d 554; Traylor v. State (1975), Ind.App., 326 N.E.2d 614. Even more specifically, in Farno v. State, 3 we recognized our mandate not to reweigh the evidence if there exist two reasonable inferences,......
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People v. Edwards, No. 80-1101
...and circumstances attendant to his ruling); accord, Mitchell v. State (1979), Ind., 398 N.E.2d 1254, 1256; Traylor v. State (1975), 164 Ind.App. 50, 326 N.E.2d 614, 616.) These cases have not focused on the propriety of forcing a defendant to trial but rather Page 1124 [52 Ill.Dec. 915] on ......
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King v. State, No. 2-677A221
...244; Ringham v. State (1974), 261 Ind. 628, 308 N.E.2d 863; Taylor v. State (1976), Ind.App., 358 N.E.2d 167; Traylor v. State (1975), 164 Ind.App. 50, 326 N.E.2d Questions of law are not an appropriate subject for a witness's opinion and are properly excludable. Ledcke v. State (1973), 260......
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Merry v. State, No. 2--774A184
...the denial of the directed verdict was correct. Simpson v. State (1975), Ind.App., 328 N.E.2d 462; Traylor v. State (1975), Ind.App., 326 N.E.2d 614. The sole issue Merry contends the State failed to prove was the knowledge of the father-daughter relationship. In conjunction with the forego......
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Clayton v. State, No. 2--476A165
...beyond a reasonable doubt. [170 Ind.App. 694] McAfee v. State (1973), 259 Ind. 687, 291 N.E.2d 554; Traylor v. State (1975), Ind.App., 326 N.E.2d 614. Even more specifically, in Farno v. State, 3 we recognized our mandate not to reweigh the evidence if there exist two reasonable inferences,......