David Mosley v. State Indiana

Appellant Mosley was convicted in Marion Criminal Court of the first degree murder of Sheri Hawkins in April, 1975, and sentenced to life imprisonment. The murder in question occurred on October 27, 1974, in Indianapolis. Appellant and two other men, Ray Penn and Walter Finch, were in a Ford automobile chasing a Chevrolet, occupied by three others, at high speed. Appellant and his companions were seeking a confrontation with the driver of the Chevrolet, Michael Taylor. Shots were fired from the pursuing car, striking the chased Chevrolet. Sheri Hawkins, a bystander on the sidewalk, was struck in the chest by a bullet and died within an hour. Among the errors asserted in this appeal, it is contended that it was fundamental error to give a final instruction on transferred intent. There was no objection to this instruction at trial, and thus any error is waived on appeal unless review is necessary to serve the ends of substantial Justice or prevent the denial of a fundamental right. Cooper v. State, (1977) 265 Ind. 700, 359 N.E.2d 532, 535. While appellant here claims generally that his fundamental rights were violated by the instruction in question, and that the jury was misled, he presents no authority to support this claim by showing what was, in fact, erroneous. Any possible error here is thus waived, since there is no citation of authorities to support appellant's argument. Hendrix v. State, (1974) 262 Ind. 309, 315 N.E.2d 701; Williams v. State, (1973) 260 Ind. 543, 297 N.E.2d 805.