Young v. State, No. 875S189

Docket NºNo. 875S189
Citation264 Ind. 14, 332 N.E.2d 103
Case DateAugust 12, 1975

Page 103

332 N.E.2d 103
264 Ind. 14
William S. YOUNG and Pauline A. Ruhl, Appellants,
v.
STATE of Indiana, Appellee.
No. 875S189.
Supreme Court of Indiana.
Aug. 12, 1975.

Page 104

Thomas L. Ryan, Harold W. Myers, Fort Wayne, for appellants.

Theodore L. Sendak, Atty. Gen., Gary M. Crist, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

Pauline A. Ruhl and William S. Young were convicted of theft following a court trial before the Honorable C. T. Kitowski, Special Judge. Both appealed and the Third District Court of Appeals affirmed their convictions in 1974, at 319 N.E.2d 347. Each has filed a petition to transfer. The petition of Ruhl is denied. The petition of Young is granted.

Appellant Young contends that the conviction on the charge of theft is not supported by sufficient evidence. He was charged by sworn information which states that he did:

[264 Ind. 15] 'knowingly . . . obtain and exert unauthorized control over the personal property of Carson Pierre (sic) Scott & Co., to-wit: various articles of men's and women's clothing having a value of approximately $530.00 knowing same to have been stolen by another with the intent to permanently deprived the owner of the use and benefit thereof. . . .'

When called upon to address ourselves to an issue of the sufficiency of evidence, it is not our proper function as an appellate court to weigh the evidence at the trial below or to decide questions concerning the credibility of witnesses. Priola v. State (1973), Ind., 292 N.E.2d 604. Rather we look to that evidence most supportive of the verdict and determine whether that evidence, along with the reasonable inferences which the trier of fact might draw from it, is sufficient in probative value to establish all the necessary elements of the offense charged. Turner v. State (1972), 259 Ind. 344, 287 N.E.2d 339.

The appellant Young and two co-defendants, Pauline Ruhl and Mae Soil, had been

Page 105

guests at the Holiday Inn Motel on the might of November 29, 1972. On November 30th, the motel manager called the Michigan City Police to report that the three had left their rooms without paying the bill and that thet were travelling in a blue 1971 Cadillac which she described.

At 4:45 p.m. on November 30th, a police officer spotted the car parked in a stopping center lot near a doorway used by the customers of the Carson Pirie Scott retail store. From a nearby surveillance point, the officer observed co-defendants Ruhl and Soil exit this doorway and walk to the car. Ruhl unlocked the car and got in the front seat, while Soil got in the back seat. The officer stopped the car as it was moving out of the parking space. Ruhl and Soil were taken into custody, and the car was left locked in the shopping center lot under surveillance. The arrest of Ruhl and Soil was completed by 5:30 p.m.

The evidence shows further that Ruhl made a telephone call upon her arrival at the police station and that Young [264 Ind. 16] made a call and learned of the arrest. Young then took a taxi to the Holiday Inn and paid the motel bill. He then proceeded by taxi to the shopping center parking lot, where he arrived at 6:50 p.m. He unlocked the car and drove it out of the lot. The police, not yet aware that the bill had been paid, stopped the car and took Young and the car into custody. The car was parked at the police station. By 7:30 p.m. it was dark. At that time, using a flashlight, an officer saw a large cardboard box in the back seat of the...

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25 practice notes
  • Gaddie v. State, No. 2-278A41
    • United States
    • Indiana Court of Appeals of Indiana
    • February 7, 1980
    ...conviction upon appellate scrutiny. Compare Mims v. State (1957) 236 Ind. 439, 444, 140 N.E.2d 878, 880; with Young v. State (1975) 264 Ind. 14, 332 N.E.2d 103; and Turentine v. State (2d Dist.1979) Ind.App., 384 N.E.2d 4 The question of the validity of the common law inference in the conte......
  • Kelsie v. State, No. 1274S241
    • United States
    • Indiana Supreme Court of Indiana
    • September 21, 1976
    ...from which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. Young v. State (1975), Ind., 332 N.E.2d 103; Blackburn v. State (1973), 260 Ind. 5, 291 N.E.2d 686; Jackson v. State (1971), 257 Ind. 477, 275 N.E.2d The evidence at trial revealed t......
  • Vacendak v. State, No. 674S121
    • United States
    • Indiana Supreme Court of Indiana
    • January 22, 1976
    ...from which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. Young v. State, (1975) Ind., 332 N.E.2d 103; Blackburn v. State, (1973) 260 Ind. 5, 291 N.E.2d 686; Jackson v. State, (1971) 257 Ind. 477, 275 N.E.2d Matthew v. State, (1975) Ind., 3......
  • Brown v. State, No. 376S75
    • United States
    • Indiana Supreme Court of Indiana
    • March 16, 1977
    ...from which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. Young v. State (1975), Ind., 332 N.E.2d 103; Blackburn v. State (1973), 260 Ind. 5, 291 N.E.2d 686; Jackson v. State, (1971) 257 Ind. 477, 275 N.E.2d The Appellant challenges the suf......
  • Request a trial to view additional results
25 cases
  • Gaddie v. State, No. 2-278A41
    • United States
    • Indiana Court of Appeals of Indiana
    • February 7, 1980
    ...conviction upon appellate scrutiny. Compare Mims v. State (1957) 236 Ind. 439, 444, 140 N.E.2d 878, 880; with Young v. State (1975) 264 Ind. 14, 332 N.E.2d 103; and Turentine v. State (2d Dist.1979) Ind.App., 384 N.E.2d 4 The question of the validity of the common law inference in the conte......
  • Kelsie v. State, No. 1274S241
    • United States
    • Indiana Supreme Court of Indiana
    • September 21, 1976
    ...from which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. Young v. State (1975), Ind., 332 N.E.2d 103; Blackburn v. State (1973), 260 Ind. 5, 291 N.E.2d 686; Jackson v. State (1971), 257 Ind. 477, 275 N.E.2d The evidence at trial revealed t......
  • Vacendak v. State, No. 674S121
    • United States
    • Indiana Supreme Court of Indiana
    • January 22, 1976
    ...from which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. Young v. State, (1975) Ind., 332 N.E.2d 103; Blackburn v. State, (1973) 260 Ind. 5, 291 N.E.2d 686; Jackson v. State, (1971) 257 Ind. 477, 275 N.E.2d Matthew v. State, (1975) Ind., 3......
  • Brown v. State, No. 376S75
    • United States
    • Indiana Supreme Court of Indiana
    • March 16, 1977
    ...from which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. Young v. State (1975), Ind., 332 N.E.2d 103; Blackburn v. State (1973), 260 Ind. 5, 291 N.E.2d 686; Jackson v. State, (1971) 257 Ind. 477, 275 N.E.2d The Appellant challenges the suf......
  • Request a trial to view additional results

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