Legal Opinion · Concurrence

Evans v. State

Indiana Court of Appeals

Decided March 28, 1984No. 4-1182A334Published

1ConcurrenceConover, Presiding Judge

As the majority points out, we neither weigh the evidence nor judge the credibility of the witnesses on appeal. We give credence to the evidence and reasonable inferences arising therefrom which most fully supports the trial court's judgment. McDowell, supra; Newton, supra. Further, in burglary cases, the necessary intent to commit a felony may be inferred from the circumstances. Turpin, supra; Vaughan, supra; Sluss, supra; Lisenko, supra.

Voluntary intoxication is no defense to a criminal action, except in those rare instances where the defendant is so intoxicated he is incapable of forming…

2Cases cited3 opinions

  1. Raspberry v. StateIndiana Supreme Court · 1981
  2. Henson v. StateIndiana Supreme Court · 1982
  3. Jones v. StateIndiana Court of Appeals · 1984

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