State v. Brown

106 N.W. 379, 130 Iowa 57
CourtSupreme Court of Iowa
DecidedMarch 7, 1906
StatusPublished
Cited by20 cases

This text of 106 N.W. 379 (State v. Brown) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brown, 106 N.W. 379, 130 Iowa 57 (iowa 1906).

Opinion

McClain, C. J.

The prosecution relied on evidence which, as it claims, tended to show that Mrs. Parnie Ramsey, who resided with her four infant children about three-quarters of a mile from the town of Clarksville, was called to the door of her house between ten and eleven o’clock on [59]*59the evening of July 30, 1904, by some one who represented that he had a message for her, and who, when she opened the door and screen at his solicitation, threw some caustic liquid into her face, causing severe and permanent injuries; that the person who committed the assault was one Hugh Wheeler; and that this defendant was an accessory before the fact, aiding and abetting in the commission of the crime by said Wheeler, though not present, and, under the provisions of Code, section 5299, punishable as principal.

i. Criminal law: vmullprejudlce' I. A motion for change of venue was made on behalf of the defendant at the proper time, based on the ground that there was hostility and prejudice against defendant throughout the county, resulting from the widespread circulation of newspaper accounts of the crime, charging the defendant with its commission, and from the publicity given to the evidence on the previous trial of Hugh Wheeler for the same crime, on which trial said Wheeler had been convicted. The newspaper accounts of the crime charging defendant and Wheeler with the commission thereof, as set out in the record, were not in any way inflammatory in their nature, otherwise than as a mere narrative of such an outrage was calculated to arouse public -interest and indignation against those who might be found to have been guilty thereof; and the affidavits in support of the motion do not indicate any such excitement or prejudice as against this defendant as to show that he could not have a fair trial in the county. The statements in these affidavits are largely by way of conclusions of the affiants, and are fully met by counter-affidavits on the part of the State. We see no reason for interfering with the exercise of discretion on the part of the trial court in refusing to grant a change of venue.

[60]*602. Challenge oe jurors: competency. [59]*59II. The overruling by the court of defendant’s challenges to jurors is complained of. As to certain jurors examined for cause the record shows an impression ’that defendant was connected with the commission of the crime, [60]*60and a feeling that, unless it appeared from the evidence that he was not so connected, they would not . be inclined to let him off; but as to none of ' them was there any showing of the formation or expression of such an opinion as to guilt or innocence of the prisoner as would prevent him from rendering a true verdict on the evidence submitted on the trial, as is required by Code, section 5360, to constitute a ground for challenge for cause on that account. This case clearly falls within the rule, often announced, that the discretion of the trial court in rulings upon challenges for cause will not be interfered with unless a clear abuse of discretion is shown. State v. Hudson, 110 Iowa, 663; State v. Bone, 114 Iowa, 537; State v. Munchrath, 78 Iowa, 273; State v. Lawrence, 38 Iowa, 54; State v. Bruce, 48 Iowa, 534; State v. Brady, 100 Iowa, 194. The court might properly take into account the juror’s conduct, demeanor, and bearing in court in determining whether, in view of his statements in answer to questions propounded to him, he was qualified to serve. State v. Crofford, 121 Iowa, 395. There is not such showing in the record as to bring this case within the opinions of the court in the case last cited, and in State v. John, 124 Iowa, 230. We find no error in the ruling of the court as to the qualification of jurors.

3. Aiding and abetting: evidence. III. Error is assigned on the admission, over defendant’s objection, of evidence tending to show the acts and declarations of Wheeler for the purpose of establishing the commission by him of the assault on Mrs. Bamsey, and counsel rely upon what was said by this court in reversing the conviction of Wheeler for this same assault. See State v. Wheeler, 129 Iowa 100. But in that case the record was not the same as in this, and complaint was made of the admission of evidence tending to show a motive on the part of the present defendant, Brown, to cause injury to Mrs. Bamsey, without any evidence that Brown' procured Wheeler to carry out any [61]*61hostile • purpose of Brown toward Mrs. Ramsey. The principal, if not the only, ground for reversal in that case, was the giving of an instruction which assumed that there was such evidence, whereas the record was barren of competent evidence on that point. But in the case now before us the question was not as to conspiracy, but as to whether defendant induced or procured Wheeler to commit the crime.

On that issue it was, of course, competent to prove the actual commission of the offense by Wheeler, and his acts and declarations tending to show guilt might be proven, provided there was other evidence tending to connect the defendant with the crime as instigator or accessory before the fact. If there was evidence tending to connect defendant with the commission of -the crime by inducing or assisting Wheeler, to commit it, then any evidence showing its commission by Wheeler was competent as laying the foundation for proof of the defendant’s complicity in the crime as committed. The State did not attempt to prove defendant’s connection with the crime by the declarations of Wheéler. The case is wholly unlike that of State v. Walker, 124 Iowa, 414, in which there was a reversal on account of the admission of declarations of the person who, it was claimed, had procured the defendant in that case to commit the offense, in the absence of any competent evidence that, at the time such declarations were made, any conspiracy or arrangement had been entered into between such person and the defendant for the commission of the crime.

In the case before us the questions for determination were whether the crime had been committed by Wheeler, and whether such commission had been procured or aided by defendant. The commission of the crime by Wheeler was an essential element in the case, and any evidence tending to prove such commission was competent. It matters not, for the purpose of this case, whether defendant knew of any acts of Wheeler tending to indicate a purpose on his part to commit the assault on Mrs. Ramsey or not, providing there' [62]*62was sufficient evidence to go to the jury on the question whether, at some time prior to the actual commission of the offense by Wheeler, this defendant instigated him to commit it, or aided, abetted, or assisted him in his purpose to commit it, haying a knowledge at the time of such aiding, abetting, or assisting, as to his purpose.

4. Aiding and sufficiency of evidence. IV. The principal contention for the defendant is, however, that the evidence was not sufficient to show defendant’s connection with the commission of the crime by Wheeler, and that the court therefore erred in 7 overi’üling defendant’s motion for new trial on that ground. There is ample evidence in the case to establish Wheeler’s guilt, and the only question to which we need direct- our attention is as to the sufficiency of the evidence relied on as tending to show defendant’s connection with the crime to take the case to the jury.

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Bluebook (online)
106 N.W. 379, 130 Iowa 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-iowa-1906.