State v. Hamann

285 N.W.2d 180, 1979 Iowa Sup. LEXIS 1045
CourtSupreme Court of Iowa
DecidedNovember 14, 1979
Docket61812
StatusPublished
Cited by42 cases

This text of 285 N.W.2d 180 (State v. Hamann) 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. Hamann, 285 N.W.2d 180, 1979 Iowa Sup. LEXIS 1045 (iowa 1979).

Opinions

HARRIS, Justice.

In this appeal from his conviction of first-degree murder defendant assigns error in trial court rulings and jury instructions. We affirm the trial court.

The defendant, John R. Hamann, shot and killed Richard Slattery at Slattery’s Davenport park board office on May 10, 1977. Defendant’s father and Slattery were co-employees and apparently rivals for leadership of the department.

The trial centered on the defendant’s insanity defense. Both sides introduced expert psychiatric testimony on the question. Defendant’s witness, Dr. Paul Frahm, testified defendant’s ability to know right from wrong was impaired by a delusion that his father’s life was endangered by a malicious adversary and that defendant alone could enforce justice. Dr. Frahm also testified of defendant’s belief that, after he killed Slat-tery, society would “understand that a great injustice had been righted.” Dr. [182]*182Thomas Garside testified for the defense that, although defendant knew his act was criminal, his illness led him to believe he was doing right in shooting Slattery. Dr. James N. Lyons testified for the State that defendant believed society would be better off without Slattery and that this belief was not a delusion but an opinion.

The defense also offered testimony of the defendant’s character. Several witnesses testified he was gentle and nonaggressive. At the close of the evidence the defendant moved for directed verdict on the ground that the evidence established he was insane within the M’Naghten rule. See M’Naghten’s Case, 10 Clark & F. 200, 210, 8 Eng.Rep. 718, 722 (1843), quoted in State v. Harkness, 160 N.W.2d 324, 329 (Iowa 1968). The motion was overruled and the defendant was found guilty of first-degree murder.

I. The first assignment is addressed to jury instructions 13, 15, and 16 which the defendant characterizes as “marshalling instructions.” These instructions listed the legal elements of first-degree murder, second-degree murder, and manslaughter. In none of them was the jury told of the State’s burden to show the defendant was sane. Because insanity was the gist of the defense the defendant insists the jury should have been advised of this burden at the point in the instructions where the elements of the offenses were listed.

There is no question that the State has such a burden. Instruction 9, which preceded the challenged ones, recognized the burden and clearly placed it on the State. But the defendant argues that the burden to show defendant’s sanity is an element of each crime and, hence, the State’s burden to show his sanity should have been repeated as an element of each offense. Defendant relies on our cases such as State v. Billings, 242 N.W.2d 736, 737 (Iowa 1976) and State v. Straw, 185 N.W.2d 812, 816 (Iowa 1971), which require the listing of all essential elements in a marshalling instruction where one is given.

We are a good deal less sure than defendant is that instructions 13, 15, or 16 could be called marshalling instructions. They do not purport to be such. Neither do they purport to refer to all considerations necessary in reaching a verdict. But the assignment suffers from a more serious flaw. Defendant’s sanity is not an element of the offense. It is a defense. It is the defendant’s burden to plead the defense of insanity, a burden which defendant recognized by entering such a plea in this case. Such a plea places the burden of showing defendant’s sanity on the State. This was the rule prior to the criminal code revision of 1977. State v. Watts, 244 N.W.2d 586, 589 (Iowa 1976). The same rule now appears as Iowa R.Crim.P. 10(10)(b)(1). But this does not make the defense, or the burden to disprove it, an element of the offense.

Instruction 9 explained the State’s burden and made it unmistakably clear that the case was over, that the defendant could not be convicted, unless the State had first established the defendant’s mental capacity. Under these circumstances we fail to see how a jury could possibly be confused by the absence in instructions 13, 15, and 16 of further reference to defendant’s mental condition.

The assignment is without merit.

II. The defendant asks us to overrule the M’Naghten rule. This we have refused to do a number of times, recently in State v. Lass, 228 N.W.2d 758, 768-69 (Iowa 1975). The M’Naghten rule has since been codified in section 701.4, The Code 1979. The defendant argues strenuously that, notwithstanding the subsequent codification of the rule, we should overrule the common law doctrine as a guide to the bench, bar, and legislature. Defendant asks that we adopt the standard recommended by the American Law Institute’s model penal code. The effect would be to adopt a standard which would apply only to this defendant unless and until the legislature amended the statute. We again decline to overrule the M’Naghten rule.

III. Defendant separately complains of the trial court’s interpretation of “right” [183]*183and “wrong” under the M’Naghten rule. This interpretation was reflected in trial court rulings allowed during voir dire examination of prospective jurors, in its adverse ruling to defendant’s motion for directed verdict, and in a jury instruction. The instruction on insanity included the following language: “ ‘Insane’ or ‘insanity,’ as used in this instruction, means such a diseased or deranged condition of mind as to render a person either incapable of knowing or understanding the nature and quality of the act committed by him, or incapable of distinguishing between right and wrong in relation to that act.”

The defendant argues that the court should have instructed that “right” and “wrong,” as used in the M’Naghten rule refers to right and wrong in a moral as distinguished from a legal sense. The M’Naghten case itself does not answer the question. Cases from other states are divided on the issue and the question seems to be one of first impression in Iowa.

There is some doubt of defendant’s standing, on this record, to raise the issue. The division of authority on whether the term is to be taken in a legal or in a moral sense will be explained in more detail later. But this defendant is in a poor position to ask us to adopt the interpretation he supports because the authorities he cites would not aid him. Those states which believe the right or wrong test should be conducted with a view to moral right or wrong are quite uniform in rejecting a subjective test. That is, the test in those jurisdictions is conducted in accordance with society’s general mores and not in accordance with an accused’s personal views on morality. See People v. Irwin, 166 Misc. 751, 761, 4 N.Y.S.2d 548, 558 (1938).

Yet, defendant’s insanity defense is peculiarly subjective and stands not at all on the mores of society generally. In his brief he argues:

It is submitted that such a holding as in U. S. v. McGraw [515 F.2d 758, 760 (9th Cir. 1975)], is not a minority view point. It is submitted that the majority of states adhere to the conclusions enunciated above; that in the concept of right and wrong, wrongfulness means moral wrongfulness rather than criminal wrongfulness, and

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Bluebook (online)
285 N.W.2d 180, 1979 Iowa Sup. LEXIS 1045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hamann-iowa-1979.