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Grace Smith v. State Indiana

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eBook details

  • Title: Grace Smith v. State Indiana
  • Author : Supreme Court Of Indiana
  • Release Date : January 22, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

Justin Funk (Funk) and Sally Ritchey (Ritchey) were neighbors of Smith in Richmond, Indiana, and all resided in a neighborly fashion prior to May 3, 1978, Shortly before this date Funk and Ritchey moved to Modoc, Indiana, and in the process of moving agreed to sell Smith their refrigerator for $10.00. Funk and Ritchey decided to collect either the $10.00 or the refrigerator from Smith on May 3, 1978, and between 8:30 and 9:00 p.m., together with Karen Wallace (Wallace), Mary France (France), and James Shonkwiler (Shonkwiler), drove to the small apartment building where Smith resided. Funk and Wallace proceeded to visit another friend, Fred Diamond (Diamond), who lived in an apartment above and to the rear of Smiths; Ritchey and France went to Smiths for the $10.00. When Ritchey asked Smith for the money or the refrigerator, Smith denied owing her anything and slammed the door in Ritcheys face. Ritchey kicked the door and turned to walk toward Shonkwiler and his car. Smith burst from the house, attacked Ritchey from the rear, and they wrestled momentarily on the ground. France ran to get Funk and Wallace from Diamonds; they arrived in time to see Smith and Ritchey "facing off" on the sidewalk. Ritcheys hair and clothing were dishevelled, and she had been scratched. Smith went back into the house saying that she could "lick" Ritchey but not Funk. Funk knocked at Smiths door to find out why Smith had beat up Ritchey. Willie Madden answered the door, and Funk stepped inside. Smith ordered Funk out of her house and came from the back of her apartment with a glass of yellowish liquid in her hand. Funk stepped back out onto the porch and Smith followed him, calling for Ritchey to come back up onto the porch. Wallace suggested to Funk that they leave and settle the debt in court. Smith asked Wallace what she had to do with the matter; Wallace replied, "Nothing." Smith swore at all of the parties, called for Ritchey to come back, and then threw the liquid from the glass at Wallace, Funk, and France. Both Funk and Wallace screamed from burning sensations in their eyes and on their faces. Neighbors called police who were dispatched to the Smith residence for a "fight in progress," but the disturbance was over when the officers arrived. Funk was treated at the Richmond hospital emergency ward for burns and released. Wallace was also given emergency medical treatment at the Richmond hospital, but then was transferred the same night to the Indiana University Medical Center in Indianapolis where she was hospitalized for four (4) days. She suffered second degree burns to her eyes, and at the time of trial the vision in her left eye was limited to perception of light or darkness only. The prognosis was that her vision would never improve, but could deteriorate if the scarred cornea were to perforate.


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