WILSON V. STATE, 169 Ind.App. 297 (1976) CASE BRIEF

WILSON V. STATE
169 Ind.App. 297 (1976)
NATURE OF THE CASE: Wilson (D) appealed from a judgment, which convicted him of theft and he challenged the introduction of certain evidence at trial and asserted the prosecution was barred because he was subjected to double jeopardy.
FACTS: D was a recipient of poor relief. On November 9, 1973, he went to the office of the Calumet Township Trustee. While he was discussing a problem with an employee, the trustee entered and gave the employee her paycheck. The trustee left, and the employee placed the check in her desk. Moments later when Wilson's interview was concluded, D went around the desk, knocked the employee from her chair, and took the paycheck. The employee called for help and D was caught and subdued by other employees. During the struggle involved in his apprehension, D attempted to reach under his coat. When the police arrived, D was searched and a knife was found wrapped in a piece of newspaper and tucked under his waistband behind his back. The knife was introduced in evidence over D's objection. At trial P introduced evidence of a Xerox copy of a paycheck. D objected that no proper foundation had been laid to excuse the requirement of P to product the original. D was convicted of theft and appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment