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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Court of Appeals of Indiana; 161 Ind. App. 338. Datos: https://static.case.law/ind-app/161/cases/0338-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Bimbow v. State, 161 Ind. App. 338 (Court of Appeals of Indiana, 1974) CASE SUMMARY Buchanan, J. Defendant-Appellant Richard Bimbow (Bimbow) appeals from a trial court conviction of Assault and Battery with Intent to Kill, claiming insufficiency of evidence as to specific intent, failure of proof as to sanity, and error in denying his motion to employ an additional psychiatrist of his own choosing at State expense. We affirm. FACTS The facts in evidence most favorable to the trial court’s verdict are: On October 27, 1971, at approximately 12:45 P.M., Bimbow walked into the Harbor Light Mission Center and demanded money from the director of the Center’s Alcoholic Rehabilitation Program, Mr. Donald Diercks (Diercks). Bimbow had been a participant in the program. Upon being informed by Diercks that he did not “have any money coming”, Bimbow’s response was, “I’m going to kill you.” Pulling a knife from his pocket, he assaulted Diercks cutting him from the left ear to the throat and stabbing him in the right arm. After a struggle Bimbow was finally subdued by five men who were participants in the Center’s program, while two other participants ran to the street and hailed a passing police car. Bimbow, still struggling, was handcuffed and placed under arrest. At the trial on December 14, 1972, two policemen testified they observed a paring knife lying a few feet from Bimbow, the blade covered with blood, and that Bimbow was agitated and smelled of alcohol. Diercks also identified…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Court of Appeals of Indiana; 161 Ind. App. 338. Datos: https://static.case.law/ind-app/161/cases/0338-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Bimbow v. State, 161 Ind. App. 338 (Court of Appeals of Indiana, 1974) CASE SUMMARY Buchanan, J. Defendant-Appellant Richard Bimbow (Bimbow) appeals from a trial court conviction of Assault and Battery with Intent to Kill, claiming insufficiency of evidence as to specific intent, failure of proof as to sanity, and error in denying his motion to employ an additional psychiatrist of his own choosing at State expense. We affirm. FACTS The facts in evidence most favorable to the trial court’s verdict are: On October 27, 1971, at approximately 12:45 P.M., Bimbow walked into the Harbor Light Mission Center and demanded money from the director of the Center’s Alcoholic Rehabilitation Program, Mr. Donald Diercks (Diercks). Bimbow had been a participant in the program. Upon being informed by Diercks that he did not “have any money coming”, Bimbow’s response was, “I’m going to kill you.” Pulling a knife from his pocket, he assaulted Diercks cutting him from the left ear to the throat and stabbing him in the right arm. After a struggle Bimbow was finally subdued by five men who were participants in the Center’s program, while two other participants ran to the street and hailed a passing police car. Bimbow, still struggling, was handcuffed and placed under arrest. At the trial on December 14, 1972, two policemen testified they observed a paring knife lying a few feet from Bimbow, the blade covered with blood, and that Bimbow was agitated and smelled of alcohol. Diercks also identified…