Wathen v. State, 30585
| Decision Date | 01 March 1965 |
| Docket Number | No. 30585,30585 |
| Parties | Francis A. WATHEN, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Don R. Money, Money, Orr, Bridwell & Fink, Indianapolis, for appellant.
Edwin K. Steers, Atty. Gen., David S. Wedding, Deputy Atty. Gen., for appellee.
The appellant has filed, pro se, a petition for rehearing in which he states that he filed in this Court 'Appellant's Petition to Inform the Court', which we have thus far ignored. In this petition he attacks the actions of his attorney representing him in the trial court and on appeal. This attorney has seen fit to file a verified answer to the charges which impugn his motive and competency as an attorney. Although this appellant has no right in this informal way to present his contentions, since there is a proper method for doing so, nevertheless we feel obliged, in view of the charged against the attorney, that the same should be disposed of. In this fashion we may terminate this litigation without hearing the matter again through some belated motion for a new trial.
The appellant complains that his attorney did not raise certain alleged errors in the motion for a new trial as a basis for an appeal. His attorney states that he raised only those errors which he felt were meritorious and would bear consideration as legal points on appeal. We are inclined to take the judgment of a lawyer admitted to the bar of this state over that of a layman as to what points should be raised on appeal.
He makes the complaint that the prosecuting attorney should have charged him under one statute instead of another statute. Obviously this is a matter within the discretion of the prosecuting attorney.
Appellant complains that the court, among other instructions given, should have given instructions as to what constituted second and third degree burglary. There was no evidence in the case under which any instructions could have been given under the lessor degrees of the offense of first degree burglary charged.
Appellant complains that his bond was set too high by the trial court. This obviously is now a moot question.
Appellant complains that one of the chief witnesses for the State was permitted to sit in the court room at the discretion of the court, while other witnesses were excluded. It is well settled this is a matter within the discretion of the trial judge.
Appellant complains that a police officer was permitted to testify with reference to a conversation that he had with appellant after he was arrested. We can see no error in such testimony.
Appellant complains that he had no opportunity to consult with counsel before he was arraigned and pleaded not guilty. His counsel denies...
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...247 Ind. 113, 210 N.E.2d 852; (2) whether there is evidence in the record to support the giving of the instruction, Wathen v. State (1965), 246 Ind. 245, 204 N.E.2d 526; (3) whether the substance of the tendered instruction is covered by other instructions which are given, Hash v. State (19......
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