Wilson v. State, 28977
| Decision Date | 22 April 1953 |
| Docket Number | No. 28977,28977 |
| Citation | 111 N.E.2d 709,232 Ind. 365 |
| Parties | WILSON v. STATE. |
| Court | Indiana Supreme Court |
Robert O. Chambers, Fred Dobbyn, Washington, for appellant.
Edwin K. Steers, Atty. Gen., Owen S. Boling, Deputy Atty. Gen., for appellee.
The appellant is charged with the offense of buying, concealing, and aiding in the concealment of, stolen property. His plea is not guilty. Trial to jury resulted in a verdict of guilty. On appeal, his sole assignment of error is that the trial court erred in overruling his motion for a new trial. The grounds for a new trial which are discussed in the brief are (1) that the verdict is not sustained by sufficient evidence and is contrary to law, and (2) the court erred in the giving and refusing of certain instructions.
The appellant contends that there is no evidence from which the jury could find that the defendant had knowledge that the involved property was stolen. With this contention we cannot agree.
We cite some of the pertinent evidence. At the time involved, Freddie Walls lived at Scotland, Indiana, and worked for his father at Crane, Indiana. The nature of the work is not disclosed. Thomas Dove worked for the defendant, who ran a filling station and automobile repair shop at Crane, Indiana. William Harold Walls worked at an automobile body shop in Indianapolis, Indiana, and went to his mother's home at Crane, Indiana, over weekends. Dean Collins lived on R.R. 1, Bloomfield, Indiana. His occupation is not disclosed by the evidence. None of the abovenamed men were engaged in raising corn. At the time of the trial of this case all of these men were serving time in the Pendleton Reformatory. Each of them admitted stealing corn out of cribs along the line of Greene and Daviess Counties and selling the corn to the defendant. It was delivered to a small farm he had in Daviess County. He had an agreement with the four men to pay them $1 a bushel for all corn delivered to him. The value of the corn was $1.65 per bushel. It was always delivered at night, between 10:00 p. m. and 2:00 a. m. It would be dumped at his place and he would estimate the amount and pay the thieves the next day. One of the men testified that at one time the defendant asked him where he was getting the corn, and the reply was 'Out of the river bottom.' No more questions were asked. When questioned by the State Police about whether he knew the corn was stolen, the defendant threw back his head and laughed and said: 'I never asked no questions.'
From the above evidence, the jury was justified in finding guilty knowledge.
The defendant also contends that the State did not prove the value of the corn. There is no merit to such contention. As we have above set forth, the State proved that the corn was worth $1.65 per bushel, and the defendant paid $1 per bushel.
Defendant finds fault with the court's instruction numbered 10. The fault found is not that this instruction fails to correctly state the law, but that it does not...
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