(Download) "Hightire v. State Indiana" by 774 Supreme Court of Indiana No. 30 # eBook PDF Kindle ePub Free
eBook details
- Title: Hightire v. State Indiana
- Author : 774 Supreme Court of Indiana No. 30
- Release Date : January 03, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The appellant was charged with and convicted of murder in the second degree. The only issue presented on this appeal is the contention that the evidence is undisputed showing that the appellant acted in self-defense. For that reason, we must briefly review the evidence under the circumstances most favorable to the State. This shows that on October 18, 1964 appellant resided in Fort Wayne, Indiana. He had previously been divorced from his wife and was making support payments for his children. Clementine Jones, the wife of the decedent, Willie Junior Jones, lived in the same city with her children. She was married, but separated from the decedent. The evidence further shows that the appellant had been staying from time to time with Clementine Jones, paying the rent on the house where she lived and eating and sleeping there at times. The decedent also visited this home, as the evidence shows, almost every day, his wife laundering his clothing and preparing his lunch. On October 18, 1964 he and his wife had an argument and she called the police, who ordered him out of the home. The next day after Mrs. Jones had been visiting a relative at the hospital, her husband followed her into her house. The appellant was already there, lying in bed upstairs. He went to the door and found Mr. and Mrs. Jones were arguing. Mrs. Jones asked the appellant to make her husband leave. The appellant went to an upstairs bedroom, got a pistol, put it in his pocket and came downstairs to where the decedent was and asked the decedent to leave. The decedent refused to do so and the appellant drew the gun. At that time a companion of the decedent came in and tried to get the decedent to leave. He pushed him to the front door, but decedent threatened him with a knife and the companion desisted and went out to the car in which he had brought the decedent to the residence.
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