Harmon Gray v. State Indiana

The defendant, Harmon Gray, was convicted by a jury of commission of a felony while armed, to-wit: robbery, and was sentenced to a term of thirty years' imprisonment. He now appeals and contends that two photographs were erroneously admitted into evidence. The facts in the record most favorable to the state show that an appliance store was robbed by two men in November, 1975. Dennis Dugan, who was an employee of the appliance store, and one of his friends were present during the robbery. Dugan was forced at gunpoint to give the robbers some money and an envelope containing checks made out to the store. The robbers then bound Dugan and his friend with tape and put them in the store's rest room. Five television sets were also taken. The defendant was apprehended later the same night and had the envelope containing the stolen checks in his pocket. The five television sets were recovered in the garage of one of the defendant's friends. Dugan gave a description of the robbers to the police immediately following the robbery. He described the robber who had the gun as having a beard. Two days later, Dugan identified the defendant through pictures at police headquarters. Although the picture he picked out showed the defendant without a beard, Dugan testified he was able to identify him through his facial characteristics. Dugan also testified that he told police, This is the man, but he had a beard.