State v. Savage

288 N.W.2d 502, 1980 Iowa Sup. LEXIS 781
CourtSupreme Court of Iowa
DecidedFebruary 20, 1980
Docket62672
StatusPublished
Cited by17 cases

This text of 288 N.W.2d 502 (State v. Savage) 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. Savage, 288 N.W.2d 502, 1980 Iowa Sup. LEXIS 781 (iowa 1980).

Opinions

LARSON, Justice.

This defendant has appealed.from a conviction of second-degree theft, in violation of section 714.2(2), The Code. He raises issues as to the sufficiency of the proof of valuation necessary to establish the grade of the offense and as to the propriety of certain instructions. We affirm the trial court.

I. Valuation of the Stolen Items. Eight locomotive radiator cores were involved in this theft, and it is the sufficiency of the evidence as to their value which gives rise to the first issue. To constitute second-degree theft, the property involved must be valued at more than five hundred dollars and less than five thousand dollars. “Value” of the property is defined by section 714.3 to be “its normal market or exchange value within the community at the time that it is stolen.” We interpret this language to be a restatement of our prior statute, section 709.2, The Code 1977, and the cases under it, e. g., State v. Boyken, 217 N.W.2d 218 (Iowa 1974), as they pertain to determination of value in a larceny case. Value under our prior law was interpreted to be market value, and in the absence of a regular market, its actual value. Id. at 220.

The defendant contends that the State failed to produce any admissible evidence that the value of the property exceeded five hundred dollars. The evidence on value consisted solely of testimony'by the storekeeper for the Chicago & North Western Transportation Company, which owned the radiator cores. His duties included “purchasing, storing, issuing and controlling anything to do with company material.” Radiator cores for locomotives, both new and used, were included in the property controlled by him. On direct examination he testified that the stolen cores included one new one and seven rebuilt ones. The value of the new core was $370.00, according to him, and this was not disputed. The disagreement on value determination arose only as to whether the seven rebuilt cores were shown to be worth a total exceeding $130.00, so as to raise the total amount of the theft to over $500.00. The storekeeper testified that the cost of rebuilding the cores, which were still in the boxes from the repair service when they were stolen, had been $118.00 each. Then, in response to the question whether it is possible to “go into the market place and buy a rebuilt core without having your own to send in and have rebuilt,” he testified that “I don’t know whether you can, but the railroad [504]*504does not do that. . . . ” He later testified that he had a “personal opinion of their value,” and, over objection, stated the value of a rebuilt core would be approximately $25.00 less than a new one. Later, upon cross examination, he testified to a lack of knowledge as to “what they would bring on the established market.” Defendant moved to strike his testimony on the basis that the witness admittedly did not know the market value of the used cores and therefore testified only as to “speculation and conjecture.” The motion to strike was overruled.

On appeal he contends it was error to permit the storekeeper to testify to the actual value of the rebuilt cores based upon their cost of rebuilding because market value is the proper measure. Actual value, he contends, may be resorted to only upon a showing of the absence of market value for the items. We agree that this is a correct statement of the general principle of law, but do not agree that the evidence was inadmissible here.

Several general rules pertaining to opinion evidence should be recognized at the outset. Value testimony is liberally received, with its weight to be determined by the jury, McCormick, Opinion Evidence in Iowa, 19 Drake L.Rev. 245, 255 (1970), and rules as to competency of witnesses on questions of value are “always liberally construed.” City National Bank v. Jordan, 139 Iowa 499, 504, 117 N.W. 758, 760 (1908). Accord, 3 J. Wigmore Evidence in Trials at Common Law § 716(2), at 54 (Chadbourne rev. ed. 1970) (“Here the general test, that any one familiar with the values in question may testify, is liberally applied. . . . ” (Emphasis in original.)). Even the term “market value” has been broadly defined. See, e. g., Maytag Company v. Partridge, 210 N.W.2d 584, 587 (Iowa 1973) (“Market value” or “fair and reasonable exchange” reflects transactions “both on organized markets and by occasional sales.”). A broad approach to admissibility of opinion testimony by lay witnesses is also reflected by Federal Rule of Evidence 701, which requires only that it be “(a) rationally based on the perception of the witness and (b) helpful to a clear understanding of his testimony or the determination of a fact in issue.” Principles concerning valuation opinions expressed in civil cases, several of which are referred to below, are applicable as well to criminal cases. See State v. Boyken, 217 N.W.2d 218, 220 (Iowa 1974).

Although defendant insists the testimony of this witness was erroneously addressed only to actual value of these items, we note that it was actually couched in terms of market value. The record shows this:

Mr. Carr [prosecuting attorney]: You may answer. You stated you have an opinion. My question, now, is what is your opinion of the fair market value of a rebuilt radiator core?
The Witness: Yes. Even though the rebuilt radiator core is somewhat — the life of it is somewhat less than a new one, I would say it would run approximately $25 less than a new one would. (Emphasis added.)

Defendant contends the witness lacked sufficient knowledge of the market value to allow him to testify to it, based upon his own conservative view of his qualifications. The important issue, in any event, is not whether the storekeeper considered his knowledge to be sufficient, but whether the court did. The court obviously concluded the foundation was sufficient notwithstanding the witness’ own modest view of his credentials. We cannot say the court abused its discretion. In any event, even if we assume the witness testified only as to actual value, it was properly received because of the close relationship of the witness to the property, tantamount to that of an owner, and because of the unique quality of the property itself, both factors obviating the need for a preliminary showing of the absence of market value.

The general rule is that an owner may testify as to actual value without a showing of general knowledge of market value. See Boyken, 217 N.W.2d at 220; Kohl v. Arp, 236 Iowa 31, 35, 17 N.W.2d 824, 826 (1945); Jordan, 139 Iowa at 505, 117 N.W. at 760 (“Ownership and possession of personalty afford some ground for the presumption of [505]*505capacity to speak as to its value.”); Wigmore, supra, at 56.

The primary reason for admitting such an estimate of value is that of necessity, the owner necessarily knowing something about the quality, cost and condition of the article, and it often being impossible to produce other witnesses having the requisite knowledge upon which to base an opinion. But the rule of admissibility is more frequently predicated on the presumption that the owner, being familiar with his property, knows what it is worth.

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State v. Savage
288 N.W.2d 502 (Supreme Court of Iowa, 1980)

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Bluebook (online)
288 N.W.2d 502, 1980 Iowa Sup. LEXIS 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-savage-iowa-1980.