Gebhart v. State - 525 N.E.2d 603 (Ind. 1988)

Rule:

The statutory definition of bodily injury includes any injury causing physical pain. Ind. Code Ann. § 35-41-1-4 (1985). Medical treatment, bloodshed or visible wounds are not necessary to a finding of bodily injury. The degree of injury is a question of fact for the jury.

Facts:

Defendant and several accomplices burglarized four residences, taking televisions, stereos and other items. Two accomplices testified that defendant participated in the burglaries and thefts. Defendant and company accomplished all the burglaries in the same general manner. One would crawl into the house through a window and open the door for the other burglars. During one such episode, the home owner and a friend returned home to discover a burglary in progress. A scuffle ensued, and the friend fell, hitting his head on the concrete porch. The victims identified the two accomplices who testified, but they were unable to identify defendant. The two accomplices identified defendant in court as the individual who committed the burglaries and thefts with them. Defendant was convicted. On appeal, defendant claimed that the evidence was insufficient to support the burglary charges because he did not "break and enter" through the windows but merely walked through the front door opened by his accomplices. Defendant also argued that the evidence of theft was insufficient because his accomplices could not testify that he personally carried off any particular item.

Issue:

Were the evidence sufficient to support the judgments of conviction against defendant? 

Answer:

Yes.

Conclusion:

The trial court's judgments of conviction were affirmed. The court held that while defendant may not have performed each individual element of the crimes charged, he was liable for the acts of his accomplices. The accomplices supplied direct evidence of each element of burglary and theft. Further, the evidence supported the jury's finding of bodily injury, and the conviction for burglary as a class A felony was proper.