Legal Opinion · Dissent

Cornell v. State

Indiana Court of Appeals

Decided January 15, 1980No. 2-179A9Published

1DissentBuchanan, Chief Judge

I respectfully dissent on the grounds that there was sufficient evidence to sustain the conviction.

We who have worshipped so long at the shrine of the trial court’s unfettered weighing of the evidence, will affirm a conviction if there is evidence of probative value from which the trier of fact could infer that the defendant was guilty beyond a reasonable doubt. Priest v. State (1979), Ind., 386 N.E.2d 686; Stubblefield v. State (1979), Ind., 386 N.E.2d 665; Boyking v. State (1979), Ind., 385 N.E.2d 1127. And there is such evidence.

On redirect examination, Ray Brummett, an area farmer,…

2Cases cited5 opinions

  1. Miles v. StateIndiana Supreme Court · 1966
  2. Stubblefield v. StateIndiana Supreme Court · 1979
  3. Priest v. StateIndiana Supreme Court · 1979
  4. State v. TincherIndiana Court of Appeals · 1898
  5. Boyking v. StateIndiana Supreme Court · 1979

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