Hartwell v. State

On November 13, 1972, defendant-appellant Joseph L. Hartwell was charged by affidavit with the crime of theft. See: IC 1971, 35-17-5-3, Ind. Ann. Stat. § 10-3030 (Burns Supp. 1974). Following trial before a jury, Hartwell was found guilty as charged, ordered committed to the Indiana Department of Corrections for a period of not less than one nor more than ten years, and fined in the penal sum of $2,500, plus costs. Thereafter, his motion to correct errors was overruled and this appeal was perfected.

An examination of the evidence most favorable to the State discloses that during the night of…