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:
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