White v. State
| Decision Date | 02 July 1963 |
| Docket Number | No. 30116,30116 |
| Citation | 244 Ind. 199,191 N.E.2d 486 |
| Parties | George W. WHITE, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
William S. McMaster, Indianapolis, for appellant.
Edwin K. Steers, Atty. Gen. of Indiana, Carl E. Van Dorn, Deputy Atty. Gen., for appellee.
Appellant was charged by indictment in three counts with th crimes of kidnapping, rape and robbery of one Florence Maddox. Appellant entered a plea of not guilty to the three counts of the indictment, and the cause was submitted for trial to the court without the intervention of a jury. Said trial resulted in the conviction of the appellant on the charges of kidnapping and assault and battery with intent to commit rape. The court found the defendant not guilty of robbery as charged in count three of the indictment.
The judgment of the court was that appellant be sentenced to the Indiana Reformatory for life, as covered by count one of the indictment and the court sentenced the appellant to the Indiana Reformatory for a period of not less than one nor more than ten years as covered by the conviction under count two of the indictment.
Thereafter, appellant filed his motion for a new trial. The specifications on which he relies being:
Thereafter, appellant's motion for a new trial was overruled.
Appellant's assignment of errors relies upon the single ground, to-wit
A brief summary of the evidence most favorable to the appellee is as follows: The prosecuting witness, Florence Maddox, aged 65, resided with her husband at 4706 Washington Boulevard, Indianapolis, Indiana. Mrs. Maddox testified that during the evening in question, on or about the 10th day of September, 1960, at and in the County of Marion, State of Indiana, she had been visiting her son and returned to her residence at approximately 10:30 p. m. She parked her automobile in the garage which was located approximately 30 feet from her residence. Access to the garage is by means of a driveway commencing on Washington Boulevard, and running along side the residence to the rear of the lot. Mrs. Maddox further testified that as she was leaving the garage He ordered her not to make any outcry, and he dragged her to the north side of the garage and threw her to the ground. He took off her undergarment and started to undo his trousers. The witness then testified that after appellant had removed her undergarment and started to undo his trousers he was startled by a noise, pulled her up from the ground, and told her that she had to go with him. There was a four foot fence at the edge of the property and he told her to get over, and in some manner got her over the fence. He had her by the arm, running through the yard out on 47th Street, where he forced her to get into his car. The witness testified that appellant's car was a maroon colored Buick. After getting in the front seat on the passenger's side of appellant's automobile she had difficulty in closing the front door and appellant kept telling her to close the door. At this point in the testimony the witness identified the appellant as the person who had attacked her.
The witness then testified appellant warned her not to try to leave the car, and proceeded to drive to a point six or eight blocks from her home. Appellant drove half way up in an alley and stopped his automobile behind a garage. The garage had a light on its side and she got a very good look at him. At that time she begged him to leave her alone as she was an old woman, a grandmother, but she testified it did not seem to make any difference. The witness testified that the appellant had intercourse with her two, perhaps three times, and that the act was against her will. Thereafter, the witness proceeded to a home in the vicinity of 47th Street, made a complaint of the incident and the police were called.
At the trial evidence was introduced that in many respects corroborated the evidence of the prosecuting witness.
The appellant took the stand and testified in his own behalf, denying the commission of the crime and offered evidence of other witnesses to substantiate his version of the events of the evening.
The judgment of the court was that the defendant was guilty of the crimes charged in counts one and two of the indictment.
This court has held on numerous occasions that when this court must determine the sufficiency of the evidence in the record of the trial court, it will consider only the evidence most favorable to the State. Music v. State (1959), 240 Ind. 54, 161 N.E.2d 615.
This court has further...
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