For example, in Eddy v. State, we interpreted the statutory requirement that a homicide-robbery transaction be continuous to encompass a transaction where all the statutory elements of the robbery had been completed before the commission of the homicide:Krempetz v. State, 872 N.E.2d 605, 610–11 (Ind.2007) ; Jackson v. State, 597 N.E.2d 950, 960 (Ind.1992) ; Mahone v. State, 541 N.E.2d 278, 280 (Ind.1989) ; Eddy v. State, 496 N.E.2d 24, 27–28 (Ind.1986) ; Mauricio v. State, 476 N.E.2d 88, 92 (Ind.1985) ; Thompson v. State, 441 N.E.2d 192, 194 (Ind.1982) ; Stroud v. State, 272 Ind. 12, 14, 395 N.E.2d 770, 771 (1979) ; see also Young v. State, 725 N.E.2d 78, 81 (Ind.2000) (discussing when asportation occurred in the context of robbery).Bartlett v. State, 711 N.E.2d 497, 500 (Ind.1999) Haggard v. State, 445 N.E.2d 969, 972 (Ind.1983), holding modified on other grounds, Bailey v. State, 472 N.E.2d 1260 (Ind.1985).
Even though the evidence is circumstantial, the trier of fact may draw reasonable inferences from facts established by the evidence, and a guilty verdict may be based upon circumstantial evidence. Thompson v. State, (1982) Ind., 441 N.E.2d 192, 194; Zickefoose v. State, (1979) 270 Ind. 618, 621, 388 N.E.2d 507, 509. This Court need not find that the circumstantial evidence is adequate to overcome every reasonable hypothesis of innocence but only that an inference may reasonably be drawn therefrom which supports the verdict.
We will neither weigh the evidence nor judge the credibility of witnesses. We consider only that evidence most favorable to the state, together with all reasonable and logical inferences to be drawn therefrom. If there exists substantial evidence of probative value to support the conclusion of the trier of fact, the verdict will not be overturned. Thompson v. State, (1982) Ind., 441 N.E.2d 192; Rowan v. State, (1982) Ind., 431 N.E.2d 805. Furthermore, "this Court does not have to find that circumstantial evidence is adequate to overcome every reasonable hypothesis of innocence but only that an inference may reasonably be drawn therefrom which supports the finding of the jury." Thompson v. State, 441 N.E.2d at 193.
Merriweather testified at trial to all of the above events pursuant to a plea agreement.Thompson v. State, 441 N.E.2d 192-193 (Ind. 1982). Prior to Thompson's trial, Gary Burris had been convicted of murder and sentenced to death.
And a homicide and robbery are deemed to be one continuous transaction when they are closely connected in time, place, and continuity of action. Thompson v. State, 441 N.E.2d 192, 194 (Ind. 1982). In this case it is true that the victim's money was first taken from her at the site of the ATM.
See Coleman, 653 N.E.2d at 482; Eddy, 496 N.E.2d at 28. In short, when the robbery and the violence are so closely connected in point of time, place, and continuity of action, they constitute one continuous scheme or transaction. Thompson v. State, 441 N.E.2d 192 (Ind. 1982); Stroud v. State, 272 Ind. 12, 395 N.E.2d 770 (1979). Such is the case here.
When a killing and a robbery are so closely connected in time, place, and continuity of action as to constitute one continuous transaction, a jury is justified in finding that the perpetrator is guilty of felony murder even if the killing actually occurred before the robbery. See id. at 280; Thompson v. State (1982), Ind., 441 N.E.2d 192, 194. The evidence in this case shows that Michelle Seagraves was kidnapped and murdered so that Kennedy and Jackson could use her car as transportation to and from the robbery of the Peoples Bank in Moores Hill. Jackson told Detective Sorrell that they robbed the bank "a few minutes" after Seagraves was killed.
Benirschke claims that because he took a checkbook and money from one of the victims after he had shot them, the evidence was insufficient to show the killing was perpetrated in the course of a robbery. In Thompson v. State (1982), Ind., 441 N.E.2d 192, the claim was made that a robbery was completed before a homicide and thus could not have been part of the homicide so as to constitute felony murder. This Court noted in that case that the shooting occurred before any asportation of property and further noted that where the homicide and robbery are closely connected in time, place and continuity of action, they are deemed part of one continuous transaction.
This Court has clearly held that before a robbery or other theft-related crime is complete there must be an asportation of the property. Thompson v. State (1982), Ind., 441 N.E.2d 192. In Neal v. State (1938), 214 Ind. 328, 341, 14 N.E.2d 590, 596, we quoted the well recognized rule:
While no one actually witnessed Anderson's murder, strong circumstantial evidence supports the conclusion that appellant was the perpetrator and a guilty verdict may be based on circumstantial evidence. McAfee v. State (1984), Ind., 459 N.E.2d 1186; Thompson v. State (1982), Ind., 441 N.E.2d 192. Here, two of Anderson's children heard the house being broken into, observed appellant enter the house and chase their mother, heard him threaten to harm her, and blood was found near the back door of the house.