# Layton v. State

> Indiana Supreme Court · December 28, 1966 · 248 Ind. 52

URL: https://www.frixlaw.com/law-library/cases/9725542

## Case

- **Full name:** Layton v. State of Indiana
- **Court:** Indiana Supreme Court
- **Decided:** December 28, 1966
- **Citations:** 248 Ind. 52; 221 N.E.2d 881; 1966 Ind. LEXIS 441
- **Precedential status:** Published
- **Opinion:** Dissent by Rakestraw
- **Judges:** Jackson, Arterburn, Myers, Rakestraw
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9725542

## Opinion text

Dissent
.Rakestraw, J.
I must disagree with the reasoning of the majority opinion. I fully agree, of course, that you do not *55 prove one crime by proving that the defendant committed other crimes. However, if evidence is relevant to prove the crime charged, it is admissable even though it does show that other crimes were committed.
The evidence in this case involved armed robbery committed by the appellant very shortly before the crime charged and involved many identical circumstances. In my opinion, this evidence would be admissible to show the identity of appellant and to show his method of operation in the commission of robberies. The charge in this case does involve murder in the commission of a robbery and it was thus necessary to establish the robbery.
For a discussion of circumstances under which evidence of other crimes is admissible, see: West’s I. L. E., Criminal Law, §§ 221-227.
Note.—Reported in 221 N. E. 2d 881 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9725542. Public record. Not legal advice.