Weaver v. State, No. 30195

Docket NºNo. 30195
Citation187 N.E.2d 485, 243 Ind. 560, 1 Ind.Dec. 56
Case DateFebruary 05, 1963

Page 485

187 N.E.2d 485
243 Ind. 560
John Thomas WEAVER, Appellant,
v.
STATE of Indiana, Appellee.
No. 30195.
Supreme Court of Indiana.
Feb. 5, 1963.
Rehearing Denied March 18, 1963.

[243 Ind. 561]

Page 486

J. Bayne Burton, Anderson, for appellant.

Edwin K. Steers, Atty. Gen., Carl E. Van Dorn, Deputy Atty. Gen., Indianapolis, for appellee.

ARTERBURN, Judge.

This is an appeal by the appellant who was convicted of a charge of rape on Carol Harrison, a female child of the age of 5 1/2 years. The questions on appeal resolve themselves into two main contentions: first, whether the venue was proved to be in Madison County; secondly, whether there was proof of penetration and the corpus delicti. For that purpose we must examine the evidence most favorable to ths State on this appeal.

The evidence shows that at the time of the alleged crime the appellant was 35 years of age; that the Harrison child, age 5 1/2, was living with her divorced mother on November 18, 1960, in a two-room apartment, the rear room of which opened on a back porch; that the little girl at the time was suffering from chicken pox and was 'horribly broken out and she had a temperature' and was under the treatment of a physician; that she was sleeping in the back bedroom close to the back door. During the middle of the night her mother took the child's temperature and gave her some aspirins and went back to sleep. About 6:00 o'clock in the morning she went to the child's bedroom to check her condition and found her missing. [243 Ind. 562] She began a search of the rooms, bedroom and other parts of the building and looked out on the back porch, but could not find her daughter. She testified she saw the appellant's car over on Main Street. There is some discrepancy as to the description of the car on this point. Ater continuing the search for her daughter in two other buildings, she returned and found her daughter back in bed. At that time she stated (referring to her daughter): 'Well the pants she had on were torn and she had blood all over her face and her hands and her arms, even her feet.' Upon the mother's inquiry the evidence merely shows that Carol told her mother 'what had happened' without any explanation in the record. The mother further testified as to the bloody condition of the child's body. She called the police and gave the police the appellant's name. The police arrived and described the child's condition in much the same fashion as the mother. The child was taken to the hospital where a physician examined her and described her condition as follows:

'First of all, she was well broken out with chicken pox. Her temperature was 102. She was covered with blood over her abdomen--lower abdomen--, thighs and was bleeding rather profusely from her vagina. She was in a state of more or less hysteria and having a vaginal examination was not possible, but I could determine multiple lacerations or tears in the vagina. The only way you could have a satisfactory examination was under anesthesia and due to her condition with chicken pox you could not permit it and it was not done.'

The doctor treated Carol by stitching lacerations and giving her penicillin. Three weeks later there remained considerable vaginal infection and more penicillin was administered to the child. When the appellant[243 Ind. 563] was arrested he was taken before Carol Harrison and she was asked in his presence if she had ever seen the appellant before. A detective testified that she shook her head

Page 487

'yes' and she also shook her head 'yes' when she was asked if the appellant was the one who had taken her out of her bed into his...

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39 practice notes
  • Rowan v. State, No. 380S76
    • United States
    • Indiana Supreme Court of Indiana
    • 5 March 1982
    ...evidence such as the physical condition of the victim soon after the incident. Allbritten v. State, supra; Weaver v. State, (1963) 243 Ind. 560, 187 N.E.2d 485. Since the labia majora is defined as part of the female sex organ, the evidence of the tear in this case is sufficient to support ......
  • Sizemore v. State, No. 1-1277A287
    • United States
    • 29 January 1979
    ...the jury to infer that the crime occurred in a given county, such a finding will not be disturbed on appeal. See Weaver v. State (1963), 243 Ind. 560, 187 N.E.2d With respect to the sufficiency of the evidence to establish rape, it was incumbent on the State to prove, as an element of the o......
  • Sizemore v. State, No. 1079S295
    • United States
    • Indiana Supreme Court of Indiana
    • 25 October 1979
    ...these conditions. A jury may infer penetration from the physical condition of the victim soon after the incident. Weaver v. State, (1963) 243 Ind. 560, 187 N.E.2d 485. The jury heard all of these witnesses and all of the evidence and made its determination. There is no sound reason to distu......
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • 29 December 1982
    ...evidence such as the physical condition of the victim soon after the incident. Rowan v. State, supra; Weaver v. State, (1963) 243 Ind. 560, 187 N.E.2d In the instant case, it is true that none of the three victims used the specific word "vagina" in describing the acts of rape comm......
  • Request a trial to view additional results
39 cases
  • Rowan v. State, No. 380S76
    • United States
    • Indiana Supreme Court of Indiana
    • 5 March 1982
    ...evidence such as the physical condition of the victim soon after the incident. Allbritten v. State, supra; Weaver v. State, (1963) 243 Ind. 560, 187 N.E.2d 485. Since the labia majora is defined as part of the female sex organ, the evidence of the tear in this case is sufficient to support ......
  • Sizemore v. State, No. 1-1277A287
    • United States
    • 29 January 1979
    ...the jury to infer that the crime occurred in a given county, such a finding will not be disturbed on appeal. See Weaver v. State (1963), 243 Ind. 560, 187 N.E.2d With respect to the sufficiency of the evidence to establish rape, it was incumbent on the State to prove, as an element of the o......
  • Sizemore v. State, No. 1079S295
    • United States
    • Indiana Supreme Court of Indiana
    • 25 October 1979
    ...these conditions. A jury may infer penetration from the physical condition of the victim soon after the incident. Weaver v. State, (1963) 243 Ind. 560, 187 N.E.2d 485. The jury heard all of these witnesses and all of the evidence and made its determination. There is no sound reason to distu......
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • 29 December 1982
    ...evidence such as the physical condition of the victim soon after the incident. Rowan v. State, supra; Weaver v. State, (1963) 243 Ind. 560, 187 N.E.2d In the instant case, it is true that none of the three victims used the specific word "vagina" in describing the acts of rape comm......
  • Request a trial to view additional results

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