248 Ind. 52 - Layton v. State

How this case has been cited

Cited by 44 later decisions — most recently September 1991 · most notably Maldonado v. State (1976), Cobbs v. State (1975)

44 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Dissent

.Rakestraw, J.

¶2I must disagree with the reasoning of the majority opinion. I fully agree, of course, that you do not *55prove one crime by proving that the defendant committed other crimes. However, if evidence is relevant to prove the crime charged, it is admissable even though it does show that other crimes were committed.

¶3The evidence in this case involved armed robbery committed by the appellant very shortly before the crime charged and involved many identical circumstances. In my opinion, this evidence would be admissible to show the identity of appellant and to show his method of operation in the commission of robberies. The charge in this case does involve murder in the commission of a robbery and it was thus necessary to establish the robbery.

¶4For a discussion of circumstances under which evidence of other crimes is admissible, see: West’s I. L. E., Criminal Law, §§ 221-227.

¶5Note.—Reported in 221 N. E. 2d 881.