Womack v. State

Citation270 Ind. 8,382 N.E.2d 939
Decision Date05 December 1978
Docket NumberNo. 1277S806,1277S806
PartiesRussell Paul WOMACK, Appellant, v. STATE of Indiana, Appellee.
CourtSupreme Court of Indiana

Anthony V. Luber, South Bend, for appellant.

Theodore L. Sendak, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Appellant Womack was convicted of the second-degree murder of his wife, Charlotte, at the conclusion of a jury trial in the St. Joseph Circuit Court on May 25, 1977. He was sentenced to life imprisonment.

Three errors are asserted herein: (1) that the final argument of the prosecutor was an appeal to prejudice; (2) that a court's instruction on reasonable doubt misstated the law, and; (3) that the evidence was insufficient to support this conviction.

I.

Appellant's first alleged error concerns comments made by the prosecutor during final argument. The prosecutor at this time compared appellant to a "butcher" in a slaughterhouse, and these comments are argued here to be erroneously prejudicial. However, appellant did not object to these statements at the time that they were made, or request the trial court to admonish the jury. Therefore, appellant has failed to preserve any error for our review on this issue. Maldonado v. State, (1976) 265 Ind. 492, 497-98, 355 N.E.2d 843, 848; Holland v. State, (1976) Ind.App., 356 N.E.2d 686, 689, Trans. denied.

II.

Appellant next argues that an instruction on reasonable doubt, given by the trial court, misstated the law and constitutes reversible error. This instruction is nearly identical with the reasonable doubt instruction quoted and upheld in Sypniewski v. State, (1977) Ind., 368 N.E.2d 1359, 1362. There is thus no error here.

III.

Appellant finally challenges the sufficiency of the evidence to support his conviction of second-degree murder. There is no question concerning the basic facts of the case, which are that appellant Womack stabbed his wife to death with a knife in the family kitchen, after an argument over income tax forms during which he later admitted he "decided to hurt her." On appeal, appellant essentially asks us to reweigh the evidence, stressing that there was a deteriorated family situation and that Womack and his wife were separated. However, the existence of such marital discord does not preclude a finding of malice and purpose in the killing of a spouse. Jones v. State, (1970) 253 Ind. 456, 58-59, 255 N.E.2d 105, 106. We thus refuse to reweigh the evidence, which...

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11 cases
  • Daniels v. State
    • United States
    • Indiana Supreme Court
    • September 9, 1983
    ...specific objection results in a waiver of the issue as error for review. Pavone v. State, (1980) Ind., 402 N.E.2d 976, Womack v. State, (1978) 270 Ind. 8, 382 N.E.2d 939. In addition, these remarks were responsive to the evidence presented. Defendant did present witnesses on his behalf so t......
  • Smith v. State
    • United States
    • Indiana Supreme Court
    • November 4, 1983
    ...(1982) Ind., 436 N.E.2d 796; Holt v. State, (1980) Ind., 408 N.E.2d 538; Pavone v. State, (1980) Ind., 402 N.E.2d 976; Womack v. State, (1978) 270 Ind. 8, 382 N.E.2d 939. VII. Defendant next argues that the trial court erred in denying surrebuttal testimony after the state's rebuttal witnes......
  • Duncan v. State
    • United States
    • Indiana Supreme Court
    • November 26, 1980
    ...prosecutor's closing remarks he waives any error resulting from the remarks. Pavone v. State, (1980) Ind., 402 N.E.2d 976; Womack v. State, (1978) Ind., 382 N.E.2d 939. Defendant also failed to object to the prosecutor's comments and questions during voir dire and has waived any error there......
  • Isom v. State
    • United States
    • Indiana Appellate Court
    • June 11, 1985
    ...comments are made results in waiver of the issue for review. Pavone v. State (1980), 273 Ind. 162, 402 N.E.2d 976; Womack v. State (1978), 270 Ind. 8, 382 N.E.2d 939; Maldonado v. State (1976), 265 Ind. 492, 355 N.E.2d 843. Therefore, we will consider only those prosecutorial comments to wh......
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