Wolfe v. State
| Decision Date | 23 September 1966 |
| Docket Number | No. 30870,30870 |
| Citation | 247 Ind. 540,219 N.E.2d 807 |
| Parties | William Leroy WOLFE, Appellant, v. The STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Lewis Davis, Indianapolis, for appellant.
John J. Dillon, Atty. Gen., Donald R. Ewers, Deputy Atty. Gen., for appellee.
The appellant was charged by affidavit with the offense of sodomy upon his stepdaughter, a girl ten years of age. After a trial to the court without a jury, the appellant was convicted and was sentenced to the Indiana State Prison for a period of two to fourteen years. In his motion for new trial, his assignment of errors, and in his brief, the appellant argues first that the finding of the court was not sustained by sufficient evidence, and secondly that the trial court erred in not committing him to the Division of Mental Health under the criminal sexual psychopath statutes. Acts 1949, ch. 124, § 9--3401, et seq., p. 328, Burns' 1956 Replacement (Cum.Supp.).
In order to determine the sufficiency of the evidence, it is necessary to set forth that evidence most favorable to the finding of the trial court. The stepdaughter testified that the appellant took her and her brothers to the barber college. They left the boys at the barber college, went back to the house, and the act of sodomy then took place. She further testified that the same thing had happened on other occassions. Her eight year old sister testified that on various occasions she had observed the act of sodomy between the appellant and the older sister, and that she herself had been sexually molested by the appellant on numerous occasions. Their mother testified to overhearing a telephone conversation in which the appellant admitted the offense. While the appellant denied the specific act to the police, he did admit to conduct of a very suggestive nature, and requested that he be given a psychiatric examination.
Later, from the county jail, the appellant wrote a letter in which he in essence stated that he did not know whether he had committed the act or not.
There is considerable evidence that on some occasions the stepdaughters had given othr stories--to defense counsel and to others. However, there is also testimony corroborated by others that the appellant had threatened the stepdaughters, telling that that they would be placed in the Girls' School unless they told the right story. There is also testimony from another witness, a former wife and present girl friend of the appellant, that the mother of the stepdaughters had made statements that she would get the appellant.
It is unquestioned that the credibility of the witnesses is for the court or jury trying the case, and that this court will not weigh the evidence on appeal. Myers v. State (1960), 240 Ind. 641, 168 N.E.2d 220; Myles v. State (1955), 234 Ind. 129, 124 N.E.2d 205.
From an examination of the transcript in this case, it is obvious that there was considerable conflict in the testimony. Some of the witnesses are directly contradictory. Under these circumstances, the trier of fact must attach great importance to the general appearance of the witnesses, the manner in which they testify, and the conviction or lack of conviction which their appearance and behavior engenders. These are factors which are not before us in the record. There is good reason for this court not to weigh conflicting evidence.
Taking only the evidence most favorable to the finding of the trial court there is sufficient evidence to justify the finding of the trial court.
The appellant next maintains that the trial court should have committed him under the statutes concerning criminal sexual psychopathic persons.
In the preliminary proceedings, the appellant had entered a plea of insanity and had requested the trial court to have the appellant examined to determine whether he was a criminal sexual psychopath. The...
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Lindsey v. State
...is an abuse of discretion. See State ex rel. Savery v. Marion Criminal Court, 234 Ind. 632, 130 N.E.2d 128 (1955), Wolfe v. State, 247 Ind. 540, 219 N.E.2d 807 (1966). In the Savery decision our Supreme Court specifically stated that the interposing of a plea of not guilty by reason of insa......
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Berwanger v. State
...was shown to be capricious, arbitrary or influenced by fraud. Stiles v. State (1973 Ind.Ct.App.), 298 N.E.2d 19. See Wolfe v. State (1966), 247 Ind. 540, 219 N.E.2d 807; Wilson v. State (1957), 236 Ind. 278, 139 N.E.2d 554, and State ex rel. Savery v. Marion Criminal Court (1955), 234 Ind. ......
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Hightower v. State, 1--275A39
...is authorized to make a summary negative disposition of the petition. Burns § 9--4010. . . .' In the case of Wolfe v. State (1966), 247 Ind. 540, 543, 544, 219 N.E.2d 807, 809, our Supreme Court, in passing on the criminal sexual psychopath statutes (Burns 1956 Replacement (Cumulative Suppl......