Paul E. Miller v. State Indiana Book Reviews

Paul E. Miller v. State Indiana by Supreme Court of Indiana No. 879S223 Book Summary

Defendant (Appellant) was convicted in a trial by jury of the theft of property of Danny Turner, Ind. Code § 35-43-4-2 (Burns 1979), and of being an habitual offender, Ind. Code § 35-50-2-8 (Burns 1979). This direct appeal challenges the sufficiency of the evidence to sustain the verdict upon the theft and the legality of his having been sentenced as an habitual offender. Defendant has assigned as error the court's denial of his motion for judgment at the Conclusion of the State's evidence in chief, but, error, if any, with respect to that ruling was waived when he elected to present evidence in his defense. Love v. State, (1980) 272 Ind. 672, 400 N.E.2d 1371, 1374. However, the same issue is presented upon his challenge to the sufficiency to sustain the verdict. The evidence adduced at trial supportive of the verdict disclosed that the premises of Danny Turner had been burglarized between 7:30 a.m. and 7:45 p.m. on February 23, 1978 in Kokomo, Indiana. Officer Williams, of the Anderson, Indiana Police Department, was investigating that crime, and at 8:15 p.m. of that day he was at the Olympia Bar, in Anderson, where James Farthing, who was known to be a dealer in stolen property, was employed as a bartender. While there, Williams observed Farthing, the defendant and Gale Fields engaging in conversation; and he observed either the defendant or Fields say that he did not want to take the stuff' back to Kokomo and Farthing to say that he was not interested in buying the stuff. The three then went to the parking lot.

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