Owens v. State
Owens v. State
Opinion of the Court
J.—Defendant, aged seventeen years, was charged in the Juvenile Court of Marion County with being a delinquent child in that he had broken and entered the home of one George Moreland with intent to steal Moreland’s property. Jurisdiction was waived to the Criminal Court of Marion County where he pleaded not guilty, waived a jury and was
I.
When the case was called for trial on the date set, defendant’s court appointed counsel announced that defendant was ready. After the witnesses were sworn he announced that “defendant now has changed his mind again and now asks me to move for a continuance for the reason his mother is not here.” That motion was overruled but after the State had rested its case-in-chief the defendant was granted a continuance until 10:00 A.M. on a date one week later. When the case was called at that later date the defendant again asked for a continuance since defendant’s mother was not present because she had been told by defendant’s brother (defendant was in jail) that the trial was to resume at 2:00 P.M. Defendant’s counsel stated that the mother’s testimony would be that the state’s witness (who had testified that he and defendant had committed the burglary charged) had come to defendant’s house and asked him if he knew where he could sell a T.V. Defendant said he did not. The witness said he knew where he could get one and the witness and the defendant left the house. Arguing that such testimony would be inadmissible, the prosecutor refused to stipulate that it would be the evidence. The continuance was then denied. The defense then rested without presenting any evidence and the court thereupon found the defendant guilty of first degree burglary.
There is no showing of abuse of discretion. On the contrary, it appears that the court gave defendant a greater opportunity to secure his mother’s presence and testimony than was required. No excuse was ever offered for her not being present when the case was called for trial at the first setting.
II.
Appellant’s argument that the finding of guilt is not supported by sufficient evidence centers on the weight which should be given to the testimony of defendant’s accomplice, a boy of approximately defendant’s age, who had apparently been promised immunity. It is suggested that the testimony of an accomplice alone is insufficient to support a verdict. Indiana authority appears to be unanimously to the contrary. Tungate v. State (1958), 238 Ind. 48, 147 N.E.2d 232; Smith v. State (1961), 241 Ind. 601, 174 N.E.2d 47; Aikins v. State (1971), 256 Ind. 671, 271 N.E.2d 418.
We further note that the accomplice’s testimony is corroborated. The householder whose dwelling was burglarized testified to the condition of the premises when he returned
Appellant contends, however, that the evidence of this confession renders the verdict contrary to law because defendant’s rights were not explained to his parents before he signed a “Miranda” waiver and he was not afforded an opportunity to consult with his parents before the officer talked to him. The record, however, does not support that statement of reasons. Defendant’s attorney asked preliminary questions of the officer when the signed waiver was offered as evidence at the trial. The officer’s answers disclosed that the officer telephoned the parents and told them what was about to happen but that they did not come to headquarters. The attorney thereupon declined to object.
So far as the record discloses the defendant had a fair trial at which the evidence tending to prove his guilt was of such substance and probative value that there is no reason to disturb the guilty finding on which the judgment rests. It is therefore affirmed.
Note.—Reported at 304 N.E.2d 333.
. IC 1971, 35-8-3-1; Ind. Ann. Stat. §9-1815 (Burns 1956 Repl.).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.