Wilhoite v. State
Citation | 255 Ind. 599,266 N.E.2d 23 |
Decision Date | 01 February 1971 |
Docket Number | No. 969S205,969S205 |
Parties | Roger Lee WILHOITE, Appellant, v. STATE of Indiana, Appellee. |
Court | Supreme Court of Indiana |
Gil I. Berry, Jr., Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., William F. Thompson, Asst. Atty. Gen., Walter E. Bravard, Jr., Deputy Atty. Gen., for appellee.
This is an appeal from the Marion Criminal Court, Div. 2, where the appellant was tried without a jury by Judge Saul I. Rabb. Appellant was found guilty as charged of the crime of rape and was sentenced to the Indiana State Reformatory for not less than two (2) nor more than twenty-one (21) years.
Appellant first argues that the finding of the court is not sustained by sufficient evidence. However, a review of the testimony of the victim of the rape indicates that there was sufficient evidence to convict the defendant. Under Indiana law, a conviction for rape may be based solely on the testimony of the victim. Grimm v. State (1970), Ind., 258 N.E.2d 407; Woods v. State (1968), 250 Ind. 132, 235 N.E.2d 479. According to the victim, she knew the defendant and got in his automobile on July 18, 1968, for the purpose of going to see the defendant's cousin, Mark. After seeing Mark, however, the defendant and the victim returned to his car. The defendant proceeded to drive to some back roads and then, over the victim's objections and struggles, had intercourse with her. He then drove her home.
Furthermore, the defendant signed a written confession. No objection was made to the admission of the confession in the trial court and thus the question of its admission into evidence was not preserved for appeal. Hensley v. State (1969), Ind., 244 N.E.2d 225; Sams v. State (1969), Ind., 243 N.E.2d 879; Pinkston v. State (1968), Ind., 241 N.E.2d 138; Mann v. State (1968), Ind., 239 N.E.2d 696. The defendant was properly advised of his constitutional rights by the Marion County Sheriff's Department on two separate occasions before he made his confession as follows:
Before making a confession, then, he signed the following statement relating to the above rights of which he had been apprised:
Therefore, regardless of whether an appropriate objection was made at the trial court, it is clear that the defendant was properly advised of his constitutional rights. Neither do we feel the confession was enticed by any trickery.
Appellant finally contends that he...
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