Vaughn v. State, 471S122

• Decision Date: 24 July 1972
• Docket Number: No. 471S122,471S122
• Citation: 259 Ind. 157,284 N.E.2d 765
• Parties: Chester VAUGHN, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 765

284 N.E.2d 765

259 Ind. 157

Chester VAUGHN, Appellant, v. STATE of Indiana, Appellee.

No. 471S122.

Supreme Court of Indiana.

July 24, 1972.

Rehearing Denied Sept. 15, 1972.

Palmer K. Ward, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., William F. Thompson, Asst. Atty. Gen., for appellee.

PRENTICE, Justice.

The defendant (appellant) was convicted upon two affidavits of Assault and Battery with Intent to Kill and sentenced to imprisonment for not less than two nor more than fourteen years upon each charge in a consolidated trial to the court. His motion to correct errors presents two questions: (1) sufficiency of the evidence upon the issues of intent to kill and self defense and (2) error at law, in that the trial judge denied the defendant a continuance.

1. The evidence adduced at the trial, viewed most favorably to the State, disclosed that as the prosecuting witnesses, Hoskins and Alexander, walked to their parked automobile in the parking lot of their place of employment, they were confronted by the defendant, who was nearby with a shotgun resting upon the open door of his parked vehicle and aimed in their direction. The witnesses turned and ran, and as they did so, the defendant fired the shotgun three times, striking and injuring both. On previous occasions, the defendant had threatened to kill Alexander and had once previously gone to the residence of Hoskins with a shotgun and tried unsuccessfully to gain admittance.

We hold that the foregoing evidence warranted the trial judge in finding that the defendant had perpetrated an assault and battery upon each of the aforenamed State's witnesses with the intent to kill each, and that in so doing, the defendant was not acting in self defense.

When the sufficiency of the evidence is raised as an issue on appeal, this Court will consider only that evidence most favorable to the State, together with all logical and reasonable inferences which may be drawn therefrom. The conviction will be affirmed if, from that viewpoint, there is substantial evidence of probative value from which the trier of fact could reasonably infer that the appellant was guilty beyond a reasonable doubt. Cravens v. State (1971), Ind., 275 N.E.2d 4; Potter v. State (1971), Ind., 274 N.E.2d 699; Fuller v. State (1971), Ind., 271 N.E.2d 720.

Hoskins was the brother of the defendant's estranged wife. The defendant testified that he had planned to follow the two witnesses, in order to determine the whereabouts of his wife and son, that Alexander had been having an extra-marital affair with his wife, and that both men were armed and had opened fire upon him previously to his having shot them. He further testified that he had no intention of firing upon them, that he did so only in self defense and that Hoskins had previously assaulted him. This Court, on appeal, will not weigh the evidence nor dedetermine the credibility of witnesses. Cravens v. State (supra); Potter v. State (supra); Fuller v. State (supra).

Intent need not be proven by positive evidence but may be inferred from the deliberate use of a deadly weapon in a manner calculated to cause death. Livingston v. State (1972), Ind., 277 N.E.2d 363; Warren v. State (1963), 243 Ind. 508, 188 N.E.2d 108; Schlegel v. State (1958), 238 Ind. 374, 150 N.E.2d 563.

The testimony of the prosecuting witnesses that they were unarmed, had not accosted the defendant and had their backs turned and were fleeing at the time the defendant shot and injured them was sufficient to overcome the defendant's claim of self defense.

2. Following the testimony of the defendant, the following dialogue took place between the court and defense counsel:

'THE COURT: Next...