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eBook details

• Title: Harvey Blow v. State Indiana
• Author : Supreme Court of Indiana No. 976S313
• Release Date : January 22, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

After a conviction by a jury on March 30, 1976, in the Marion Criminal Court for attempting the commission of a felony while armed, appellant Harvey Blow was sentenced to seventeen years imprisonment. The record shows that on November 25, 1974, officers from the Marion County Sheriff's office and the Indianapolis Police Department staked out Elks Lodge No. 13 at 8845 Township Line Road, Indianapolis, Indiana, where approximately two or three thousand dollars in weekend receipts were kept. At about 10:30 that morning, appellant Blow and Andrew Hawthorne arrived at the Elks Lodge. George Hale, a custodian of the Elks Lodge, opened the doors, whereupon appellant Blow and Hawthorne entered. Appellant was wearing rubber surgical gloves and carried a sawed-off shotgun and a bag containing two ski masks and adhesive tape. Appellant told Hale it was a stickup and put the shotgun to Hale's chest. After being told to lie down, Hale was struck on the head and knocked out. Appellant left Hale and entered another room where a police officer shouted, Stop, police. Appellant, who was then three or four feet from the officer, turned toward the officer with his shotgun. The officer shot and wounded appellant. Hale was found by another officer lying face down on the floor with his hands tied behind his back. Hawthorne, who was holding a knife to Hale's back, was arrested without further incident. Appellant assigns three errors in the proceedings of his trial below: (1) that the trial court erred in giving an instruction on reasonable doubt; (2) that the trial court erred in denying appellant's motion for judgment on the evidence, and; (3) that the trial court erred in refusing to give appellant's tendered instruction on possible lesser included offenses.

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