Louden v. State
Louden v. State
Opinion of the Court
— The appellant was convicted by jury of committing a robbery while armed with a deadly weapon and sentenced to serve a determinate term of 12 years in the Indiana State Women’s Prison.
Appellant’s sole allegation is that there was insufficient evidence presented at trial to sustain the verdict of guilty. When reviewing a sufficiency challenge we do not re weigh the evidence nor determine the credibility of witnesses. Rather, we consider the evidence most favorable to the State and will sustain the verdict if substantial evidence of probative value exists on each element of the crime charged. Henderson v. State, (1976) 264 Ind. 334, 343 N.E.2d 776; Pulliam v. State, (1976) 264 Ind. 381, 345 N.E.2d 229.
The record reveals that on June 10,1977, two men entered a store in Indianapolis and robbed two clerks of approximately $45. The men were armed with what appeared to be a sawed-off shotgun. The victims were unable to identify the appellant as a participant in the robbery
Clearly, there was sufficient evidence to sustain a finding that a robbery had been committed with a deadly weapon. The victims had been robbed of $45 by two men armed with a sawed-off shotgun. Appellant argues however that the evidence was insufficient to establish that she had been a principal in the robbery. When one assists a principal in facilitating a crime, she may be charged and tried as a principal for that crime. IC 35-1-29-1 [Burns 1975]; Coleman v. State, (1976) 265 Ind. 357, 354 N.E.2d 232. Appellant maintains that the record is devoid of evidence that she was aware of the robbery before it occurred or that she intended to commit or aid and abet in the commission of a robbery. She argues that mere presence at the scene of a crime is insufficient to sustain a conviction for being an accessory before the fact. She cites Lipscomb v. State, (1970) 254 Ind. 642, 261 N.E.2d 860; Conard v. State, (1977) 175 Ind.App. 43, 369 N.E.2d 1090; Pack v. State, (1974) 162 Ind.App. 107, 317 N.E.2d 903 to support this position. In those cases, convictions were reversed when the record indicated that the appellant had only been an innocent and unknowing driver of a vehicle used by a robber to effectuate his escape. In the case at bar, the evidence most favorable to the State reflects a full and knowing participation by the appellant at all times.
NOTE — Reported at 383 N.E.2d 281.
Reference
- Full Case Name
- Smoothe Louden v. State of Indiana
- Status
- Published