[DOWNLOAD] "Walter James Baynard v. State Indiana" by Supreme Court of Indiana No. 671S173 # eBook PDF Kindle ePub Free
eBook details
- Title: Walter James Baynard v. State Indiana
- Author : Supreme Court of Indiana No. 671S173
- Release Date : January 15, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Defendant (Appellant) was convicted by jury of the offense of Robbery under Acts of 1941, ch. 148, § 6, 1956 Repl. Burns Ind. Stat. Ann § 10-4101, IC 1971, 35-13-5-6. He was sentenced to imprisonment for not less than ten (10) nor more than twenty (20) years and disfranchised for the term of his confinement. His appeal challenges (1) the sufficiency of the evidence and (2) the ruling of the trial court denying a motion for mistrial predicated upon misconduct of counsel. (1) The sufficiency of the evidence herein cannot be seriously disputed. The testimony of David Law, manager of the victimized food market, disclosed that the defendant and an accomplice entered the store, that the defendant pointed the gun at him and ordered him to open the cash drawers, which he did because he was in fear and that while the defendant so held him at gunpoint, the accomplice removed the money from the cash drawers and that the two robbers departed together. Mr. Law's testimony was corroborated by the accomplice, who testified as a State's witness but admitted under cross examination that, at the time of the crime, he was under the influence of narcotics. The defendant challenged the credibility of Mr. Law's identification and the entire testimony of the accomplice by reason of his admitting to having been under the influence of narcotics. These challenges, however, go only to the weight of the testimony, which is the province of the trier of the facts. We hold that there was sufficient evidence presented upon each element of the crime charged to support the verdict. This Court, on appeal, will not weigh the evidence nor determine the credibility of witnesses; and when the sufficiency of the evidence is raised as an issue upon appeal, we will consider only that evidence most favorable to the State, together with all logical and reasonable inferences which may be drawn therefrom. The conviction will be affirmed if, from that viewpoint, there is substantial evidence of probative value from which the trier of the facts could reasonably infer that the appellant was guilty beyond a reasonable doubt. Cravens v. State (1971), 257 Ind. 381, 275 N.E.2d 4; Potter v. State (1971), 257 Ind. 370, 274 N.E.2d 699; Fuller v. State (1971), 256 Ind. 681, 271 N.E.2d 720.