Washington v. State, No. 670S139

Docket NºNo. 670S139
Citation257 Ind. 40, 271 N.E.2d 888
Case DateAugust 09, 1971
CourtSupreme Court of Indiana

Page 888

271 N.E.2d 888
257 Ind. 40
Ernest O'Dell WASHINGTON, Appellant,
v.
STATE of Indiana, Appellee.
No. 670S139.
Supreme Court of Indiana.
Aug. 9, 1971.

[257 Ind. 42] Gil I. Berry, Jr., Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., William D. Bucher, Deputy Atty. Gen., for appellee.

ARTERBURN, Chief Justice.

Appellant was charged on August 21, 1969, with the crime of Assault and Battery with Intent to Rape. After three continuances at the request of the appellant and one by the state, the appellant was tried on the charge on February 19, 1970, and found guilty. The appellant was sentenced to the Indiana State Prison for not less than one (1) nor more than ten (10) years.

The record shows that on November 2, 1968, the complaining witness, a female person, was walking on Meridian Street between Maryland and Georgia, in Indianapolis, Indiana. An unknown person grabbed the woman and dragged her into an alley, saying, 'If you scream I'll cut your throat.' The attacker told the woman that, in her words, 'he wanted to 'F" which the woman understood to mean that he wanted to have intercourse with her. After throwing her to the ground the attacker unzipped his pants, exposed himself,

Page 889

tore off the woman's undergarments, and 'got on top of' her. Although no intercourse took place the attacker masturbated while on top of the woman. The woman was released and the attacker fled. The woman then proceeded to her place of employment and made a report of the incident to the police. On November 4, 1968, two days after the attack, the woman was taken to the Indianapolis Police Department to view photographs in an attempt to identify the attacker. While looking at colored slides of different subjects, the woman recognized one of the subjects to be the man who had attacked her. The police records disclosed that the subject identified by the woman was [257 Ind. 43] the appellant, Ernest O'Dell Washington. On July 2, 1969, the appellant went to the Indianapolis Police Department to secure some identification papers, since his had been lost. While at the police station the appellant was arrested. On July 10, 1969, the woman identified the appellant in a line-up. On August 21, 1969, an indictment was filed charging the appellant with Assault and Battery with Intent to Rape. On November 3, 1969, the appellant filed a notice of alibi. On December 4, 1969, appellant was granted his third continuance. Thereafter, on January 30, 1970, the state filed its answer to the notice of alibi. In his notice of alibi, appellant alleged that on November 2, 1968, the date of the offense, he was in jail in Chicago, Illinois. During the trial the appellant introduced in evidence a letter written to him from an employment agency in Chicago, showing that he was in their office on October 28, 1968, five days before the offense took place in Indianapolis....

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45 practice notes
  • Stroud v. State, No. 570S107
    • United States
    • Indiana Supreme Court of Indiana
    • 15 Octubre 1971
    ...inferences therefrom which support the verdict of the trial court or jury. Washington v. State, handed down August 9, 1971, Ind., 271 N.E.2d 888; Davis v. State (1971), handed down August Page 846 9, 1971, Ind., 271 N.E.2d 893; Grimm v. State (1970), Ind., 258 N.E.2d 407; Sharp v. State (19......
  • Hart v. State, No. 272A69
    • United States
    • Indiana Court of Appeals of Indiana
    • 1 Agosto 1972
    ...the State and the reasonable inferences therefrom which support the verdict of the trial court or jury. Washington v. State (1971), Ind., 271 N.E.2d 888; Davis v. State (1971), Ind., 271 N.E.2d 893; Grimm v. State (1970), Ind., 258 N.E.2d 407; Sharp v. State (1970), Ind., 260 N.E.2d 593; Sm......
  • Berry v. State, No. 372A141
    • United States
    • Indiana Court of Appeals of Indiana
    • 3 Octubre 1972
    ...only that evidence most favorable to the State and all reasonable inferences to be drawn therefrom. Washington v. State (1971), Ind., 271 N.E.2d 888; Davis v. State (1971), Ind., 271 N.E.2d 893; Grimm v. State (1970), 254 Ind. 150, 258 N.E.2d 407. Furthermore, the conviction will not be dis......
  • Hendley v. State, No. 2--773A156
    • United States
    • Indiana Court of Appeals of Indiana
    • 6 Junio 1974
    ...to Commit a Felony (Rape) pursuant to I.C.1971, 35--1--54--3, Ind.Ann.Stat. § 10--401 (Burns 1973 Suppl.). In Washington v. State (1971) 257 Ind. 40, 271 N.E.2d 888, an identically worded indictment supported a conviction under this particular ISSUE ONE. CONCLUSION--It is our opinion that t......
  • Request a trial to view additional results
45 cases
  • Stroud v. State, No. 570S107
    • United States
    • Indiana Supreme Court of Indiana
    • 15 Octubre 1971
    ...inferences therefrom which support the verdict of the trial court or jury. Washington v. State, handed down August 9, 1971, Ind., 271 N.E.2d 888; Davis v. State (1971), handed down August Page 846 9, 1971, Ind., 271 N.E.2d 893; Grimm v. State (1970), Ind., 258 N.E.2d 407; Sharp v. State (19......
  • Hart v. State, No. 272A69
    • United States
    • Indiana Court of Appeals of Indiana
    • 1 Agosto 1972
    ...the State and the reasonable inferences therefrom which support the verdict of the trial court or jury. Washington v. State (1971), Ind., 271 N.E.2d 888; Davis v. State (1971), Ind., 271 N.E.2d 893; Grimm v. State (1970), Ind., 258 N.E.2d 407; Sharp v. State (1970), Ind., 260 N.E.2d 593; Sm......
  • Berry v. State, No. 372A141
    • United States
    • Indiana Court of Appeals of Indiana
    • 3 Octubre 1972
    ...only that evidence most favorable to the State and all reasonable inferences to be drawn therefrom. Washington v. State (1971), Ind., 271 N.E.2d 888; Davis v. State (1971), Ind., 271 N.E.2d 893; Grimm v. State (1970), 254 Ind. 150, 258 N.E.2d 407. Furthermore, the conviction will not be dis......
  • Hendley v. State, No. 2--773A156
    • United States
    • Indiana Court of Appeals of Indiana
    • 6 Junio 1974
    ...to Commit a Felony (Rape) pursuant to I.C.1971, 35--1--54--3, Ind.Ann.Stat. § 10--401 (Burns 1973 Suppl.). In Washington v. State (1971) 257 Ind. 40, 271 N.E.2d 888, an identically worded indictment supported a conviction under this particular ISSUE ONE. CONCLUSION--It is our opinion that t......
  • Request a trial to view additional results

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