Woods v. State, 3--672A16

• Decision Date: 24 October 1972
• Docket Number: No. 3--672A16,3--672A16
• Parties: Jack WOODS, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).
• Court: Indiana Appellate Court

Page 191

288 N.E.2d 191

153 Ind.App. 521

Jack WOODS, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

No. 3--672A16.

Court of Appeals of Indiana, Third District.

Oct. 24, 1972.

Jerome E. Levendoski, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., for appellee.

SHARP, Judge.

The Defendant-Appellant, Jack Woods, was charged by affidavit with the offense of First Degree Burglary under IC 1971 35--13--4--4, Ind.Ann.Stat. § 10--701(a) (Burns 1956 Repl.). The jury found the Defendant guilty as charged and the trial court rendered judgment on the verdict and sentenced the Defendant for an determinant period of not less than ten (10) years nor more than twenty (20) years. The trial court overruled Defendant's Motion to Correct Errors, the grounds of which were that the verdict was not supported by sufficient evidence and was contrary to law. The overruling of said motion is the only error presented for review by this appeal.

The Defendant bases his contention that the verdict is contrary to law on the premise that the verdict is not sustained by sufficient evidence. Both sides, therefore, have treated the two specifications as one and we will do likewise. In reviewing the allegation of insufficient evidence, this court may not weigh evidence nor resolve questions of credibility. We may look only to that evidence and the reasonable inferences therefrom most favorable to the State and in support of the verdict below. Smithhart v. State, Ind., 270 N.E.2d 740 (1971); Asher v. State, Ind., 244 N.E.2d 89 (1969). As long as there is substantial evidence of probative value from which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt, the conviction will be affirmed. Jackson v. State, Ind., 275 N.E.2d 538 (1971); Johnson v. State, Ind.App., 281 N.E.2d 922 (1972).

A consideration of the evidence most favorable to the State and the judgment below reveals that Jerry and Judi Pownall resided at 7014 Leo Road (Highway 427) Fort Wayne, Indiana, in a house owned by a Mr. and Mrs. Lesauski. On October 10, 1970, at approximately 12:00 A.M., Mrs. Pownall was returning home and as she slowed down to turn into her driveway she noticed a truck parked in said driveway and three negro men, including the defendant, carrying her color console television set out of the house and placing it in the truck.

Mrs. Pownall continued on past her house to another house where she called her father-in-law and the Sheriff. She then drove back and parked her car across the driveway to block the exit of the truck. When her father-in-law, Jack Wilson, arrived at the next corner Mrs. Pownall let the truck out and took down the license number. Mr. Wilson continued to delay the truck as his car stalled at the corner. The truck pulled around the stalled car the continued on. Jack Wilson followed the truck for a considerable distance, several times stopping quickly to inform strangers of the situation and to have them call the police. At one point Mr. Wilson observed one of the occupants push a stereo set off the back of the truck. He finally gave up the chase when a City Police car caught up with him and proceeded after the truck.

The Police finally stopped the truck and arrested James Hall, Jr., the only occupant left in the truck at the time. Subsequently a blue cadillac was stopped on Washington and was occupied by the Defendant among others. Upon request, the Defendant, along...