State v. Daves

144 N.W.2d 879, 259 Iowa 584, 1966 Iowa Sup. LEXIS 862
CourtSupreme Court of Iowa
DecidedSeptember 20, 1966
Docket52013
StatusPublished
Cited by37 cases

This text of 144 N.W.2d 879 (State v. Daves) 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. Daves, 144 N.W.2d 879, 259 Iowa 584, 1966 Iowa Sup. LEXIS 862 (iowa 1966).

Opinions

Stuart, J.

Defendant was convicted of larceny in the nighttime. He has appealed from the judgment and rulings on his motion for directed verdict and motion to set aside the verdict and grant a new trial. The sole question is the sufficiency of the evidence.

On a claim of insufficient evidence to support a conviction, we view the evidence in the light most favorable to the State. The finding of guilt by the trier of fact is binding on us unless we are satisfied it is without substantial support in the evidence or is clearly against the weight thereof. State v. Stodola, 257 Iowa 863, 865, 134 N.W.2d 920, 921; State v. Poffenbarger, 247 Iowa 552, 554, 74 N.W.2d 585, 586; State v. Harless, 249 Iowa 530, 531, 532, 86 N.W.2d 210, 211; State v. Frink, 255 Iowa 59, 63, 64, 120 N.W.2d 432, 435.

However, the State must prove all essential elements of the crime charged. State v. Mabbitt, 257 Iowa 1063, 1066, 135 N.W.2d 525, 528; State v. Myers, 253 Iowa 271, 274, 111 N.W.2d 660, 662. Here the evidence shows without dispute that a Mr. Klepke took $100 from the cash drawer of the Union Bus Depot in Iowa City during the night of Sunday, March 7, or early in the morning of March 8, 1965. It is the sufficiency of the evidence connecting defendant with this crime which is [586]*586challenged. To aid or abet means to assent to an act or to lend countenance or approval either by active participation in it or by some manner encouraging it. State v. Fonza, 254 Iowa 630, 118 N.W.2d 548; State v. Smith, 248 Iowa 603, 608, 81 N.W.2d 657, 660; State v. Storms, 233 Iowa 655, 657, 10 N.W.2d 53, 54. Knowledge is an essential element of aiding and abetting. State v. Kneedy, 232 Iowa 21, 28, 3 N.W.2d 611, 615; State v. McCarty, 210 Iowa 173, 177, 230 N.W. 379, 381. Guilt of a person charged with aiding and abetting must be determined upon the facts which show his part in the crime and does not depend on another’s degree of guilt. State v. Bittner, 209 Iowa 109, 111, 227 N.W. 601; State v Canalle, 206 Iowa 1169, 1177, 221 N.W. 847; State v. Smith, 100 Iowa 1, 4, 69 N.W. 269.

Mere presence at the scene of a crime is not enough to prove defendant committed the offense or that he did aid and abet its commission. State v. Mabbitt, 257 Iowa 1063, 1067, 135 N.W.2d 525, 528; State v. Farr, 33 Iowa 553, 562; State v. Fonza, 254 Iowa 630, 635, 118 N.W.2d 548, 551; State v. Farris, 189 Iowa 505, 510, 178 N.W. 361.

Any evidence, circumstantial or direct, must be sufficient to raise a fair inference of guilt. It must generate something more than suspicion, or speculation, or conjecture. State v. Myers, 253 Iowa 271, 274, 111 N.W.2d 660, 662; State v. Saling, 177 Iowa 552, 563, 159 N.W. 255, 259; State v. Whisler, 231 Iowa 1216, 1226, 3 N.W.2d 525, 530.

With these rules in mind we now turn to the evidence.

In February 1965 the operator of the bus depot reported a loss of money to the Iowa City police. When money was again missing on March 5, the police set up a plan of surveillance. On the nights of March 5, 6 and 7, officers were stationed' in a bus parked along the west side of the bus depot in a position from which the interior of the station could be observed.

The depot is located in the south or rear half of the Burkley Hotel building. Two doors open from the waiting room onto an alley which runs along the south end of the building. There are three rows of six or seven chairs facing south. At the north end of the waiting room is a large opening leading into the hotel and the Campus Grill. The ticket counter in which the cash drawers [587]*587were located was also to the north end of the room. There were three rows-of drawers behind the counter which were secured by placing pipes through the top of the counter and down through the drawers. They were padlocked at the bottom.

The officer, sitting in the bus, could look through a window and see the money drawers, the entire counter, the first two rows of chairs and the doors to the men’s and ladies’ rest rooms.

Detective Snider testified as to his observations the first night of surveillance:

“I observed the defendant, Mr. Daves, and Mr. Wells shortly after 3:00 walking through and they entered the rest room. Shortly thereafter Mr. Klepke had entered the rest room area. They were not together. They remained there a short time and Wells and Daves came out and a few steps behind was Klepke. They then left the place. I maintained my surveillance until six on the morning of the 6th, but I did not observe any of the three parties, Klepke, Daves or Wells again that morning.
“I continued my surveillance that next evening on March 6th, starting at about 9 p.m. At about 11:30, Daves, Wells and Klepke entered the bus area together and Wells and Daves sat down in the chairs in the back row. They sat in these chairs while Klepke was around in behind the counter and he dropped down and picked up a paper in the area of the coins. He was1 there for just a few minutes and then left. Shortly after he left, someone walked from the hotel or Campus Grill area into the rest room. During this period, Daves and Wells were seated in the chairs facing south, but Daves was looking back toward the hotel area. Wells was looking straight ahead. Mr. Klepke was over by the counter in and out pretty fast and shortly after he had left the counter area, picking up a magazine. Wells, Daves and Klepke did not appear to be conversing at all at this particular time.
“At about 1:30 on Sunday morning, March 7th, the three of them walked in. Daves stood at the north side and Wells stood at the south side of the east end of the counter. Klepke had walked past these fellows and around behind the counter to the drawers. At this time these two fellows were carrying on a conversation ; one turning and listening and looking one way and the [588]*588other looking the other way and they both turned over and looked at Klepke in behind the counter at the cash drawers. Klepke was manipulating the drawers from where I could see him. They remained like this for a good ten to fifteen minutes.
“At about 3:30, the fellows entered the place again. Wells and Klepke were the only two that I noticed. Wells walking over out this door and Klepke entered in behind the counter. Klepke spent considerable time going down to the base of the drawers and up to the top and I figured he was unlocking the locks at the base of the drawers and raising the bar up. This time I thought I should move in so I left the bus and started to. enter the place to make my apprehension.

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Bluebook (online)
144 N.W.2d 879, 259 Iowa 584, 1966 Iowa Sup. LEXIS 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-daves-iowa-1966.