Wilson v. State

169 Ind.App. 297 (1976)

Facts

D was a recipient of poor relief. On November 9, 1973, he went to the office of the Calumet Township Trustee. While he was discussing a problem with an employee, the trustee entered and gave the employee her paycheck. The trustee left, and the employee placed the check in her desk. Moments later when Wilson's interview was concluded, D went around the desk, knocked the employee from her chair, and took the paycheck. The employee called for help and D was caught and subdued by other employees. During the struggle involved in his apprehension, D attempted to reach under his coat. When the police arrived, D was searched, and a knife was found wrapped in a piece of newspaper and tucked under his waistband behind his back. The knife was introduced in evidence over D's objection. At trial, P introduced evidence of a Xerox copy of a paycheck. D objected that no proper foundation had been laid to excuse the requirement of P to produce the original. D was convicted of theft and appealed.