Young v. State, 271S37

Citation27 Ind.Dec. 54,257 Ind. 173,273 N.E.2d 285
Decision Date24 September 1971
Docket NumberNo. 271S37,271S37
PartiesOzzie T. YOUNG, Appellant, v. STATE of Indiana, Appellee.
CourtSupreme Court of Indiana

Charles W. Symmes, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen D. Clas, Deputy Atty. Gen., for appellee.

HUNTER, Judge.

Appellant, Ozzie T. Young, after a trial to a jury, was convicted of first degree burglary and sentenced to the Indiana Reformatory for a period of not less than ten (10) years nor more than twenty (20) years. He appeals from the order overruling his belated motion to correct errors.

The belated motion to correct errors contains the following allegations of error:

1. That the verdict of the jury is not sustained by sufficient evidence.

2. The verdict of the jury is contrary to law.

3. The court erred in overruling defendant's motion to dismiss filed September 28, 1970.

4. The court erred in overruling defendant's motion for continuance made on September 28, 1970.

5. The court erred in overruling defendant's motion to discharge at the close of the State's evidence.

Since appellant's brief contains no argument in support of the issues raised in allegations three (3) and four (4), they shall be deemed waived under AP. 8.3(A)(7), which reads, in part:

'Each error assigned in the motion to correct errors that appellant intends to raise on appeal shall be set forth specifically and followed by the argument applicable thereto. * * * The argument shall contain the contentions of the appellant with respect to the issues presented, the reasons in support of the contentions along with citations to the authorities, statutes, and parts of the record relied upon, and a clear showing of how the issues and contentions in support thereof relate to the particular facts of the case under review.

Any error alleged in the motion to correct errors and treated as herein directed shall be deemed waived.' (our emphasis)

Thus, the primary issue before this court is whether the verdict is sustained by sufficient evidence. If we should find that the evidence is sufficient, the issues raised in specifications numbered one (1), two (2) and five (5) must necessarily be decided adversely to the appellant.

The crime of first degree burglary is defined in IC 1971, 35--13--4--4, (Ind.Ann.Stat. § 10--701 (1956 Repl.)), in part, as follows:

'Whoever breaks and enters into any dwellinghouse or other place of human habitation with the intent to commit any felony therein * * * shall be guilty of burglary in the first degree. * * *'

When reviewing the evidence on appeal the function of this court was well defined in Liston v. State (1969), 252 Ind. 502, 506, 250 N.E.2d 739, 741, where we stated:

'In determining whether there is sufficient evidence to uphold the conviction, this court has said many times that it will not weigh the evidence or determine the credibility of the witnesses. Also a verdict on appeal will not be disturbed if there is substantial evidence of probative value sufficient to establish every material element of the crime. Only that evidence most favorable to the state and all reasonable inferences to be drawn therefrom will be considered on appeal.'

In the instant case, the evidence most favorable to the state reveals that one Hugh Bass, the owner and occupant of the house which appellant is accused of burglarizing, left his home in Indianapolis at approximately seven-twenty on the morning of April 24, 1970. Witness Bass testified that the doors and windows of the house were locked when he departed. At about eight-thirty on the morning in question, Lee, an Indianapolis Police Officer, received a call to investigate a suspected burglary in progress at the Bass home. Upon arrival, Lee found a Cadillac convertible parked in front of the house with the motor running. One policeman remained with the driver of the Cadillac while Lee ran up to the house and entered through a side door which was slightly ajar. After entering, Lee found two television sets, both unplugged, placed toward the center of the living room. A coin bank which had been pried open was found on the floor of one bedroom; a radio was found on the floor of the other bedroom. It was in this latter bedroom where Officer Lee discovered the appellant crouching inside the closet. After stating that he was not an occupant of the house, the appellant was placed under arrest and advised of his constitutional rights.

Officer Lee also found a tire...

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28 cases
  • Ballard v. State
    • United States
    • Court of Appeals of Indiana
    • April 18, 1974
    ...484; Worrell v. State, (1930) 91 Ind.App. 259, 171 N.E. 208.3 See, e.g., Loeb v. Loeb, (1973) Ind., 301 N.E.2d 349; Young v. State, (1971) 257 Ind. 173, 273 N.E.2d 285; Maynard v. State, (1973) Ind.App., 301 N.E.2d 200; Conley v. Lothamer, (1971) Ind.App., 276 N.E.2d 602; Cohen v. Burns, (1......
  • Ballard v. State
    • United States
    • Supreme Court of Indiana
    • November 12, 1974
    ...484; Worrell v. State, (1930) 91 Ind.App. 259, 171 N.E. 208.'3 'See, e.g., Loeb v. Loeb, (1973) Ind., 301 N.E.2d 349; Young v. State, (1971) 257 Ind. 173, 273 N.E.2d 285; Maynard v. State, (1973) Ind.App., 301 N.E.2d 200; Conley v. Lothamer, (1971) Ind.App., 276 N.E.2d 602; Cohen v. Burns, ......
  • Abner v. State
    • United States
    • Supreme Court of Indiana
    • June 25, 1985
    ...62 L.Ed.2d 194. The intent may be inferred from the acts committed and the circumstances surrounding the case. Young v. State, (1971) 257 Ind. 173, 177, 273 N.E.2d 285, 287. A conviction for conspiracy may be based solely upon circumstantial evidence. Patterson, supra [270 Ind]. at 942 From......
  • Clayton v. State, 2--476A165
    • United States
    • Court of Appeals of Indiana
    • September 22, 1976
    ...gathering together of valuable property from the building, Robinson v. State (1971), 257 Ind. 38, 271 N.E.2d 727; Young v. State (1971), 257 Ind. 173, 273 N.E.2d 285; Smith v. State (1970), 254 Ind. 401, 260 N.E.2d 558; Wilson v. State (1st Dist. 1973), Ind.App., 301 N.E.2d 392; Davis v. St......
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