State for Use of City of Dubuque v. Steger, 52163
Decision Date | 13 December 1966 |
Docket Number | No. 52163,52163 |
Citation | 147 N.W.2d 45,259 Iowa 1147 |
Parties | STATE of Iowa, for Use of the CITY OF DUBUQUE, Appellee, v. Gerald Gilbert STEGER, Appellant. |
Court | Iowa Supreme Court |
Kenline, Reynolds, Roedell & Breitbach, Dubuque, for appellant.
Lawrence F. Scalise, Atty. Gen., Robert W. Burns, County Atty., and R. N. Russo, City Sol., for appellee.
In an action tried to the court without a jury, the defendant was convicted of violating Section 7.1 of the City Ordinances of the City of Dubuque, Iowa, which provides:
The sole issue raised on this appeal is the sufficiency of the evidence to sustain the conviction.
State v. Greer, Iowa, 144 N.W.2d 322, 325.
Defendant concedes there is sufficient evidence to support a finding that his car was involved in the accident, but claims the circumstantial evidence tending to prove he was driving the car at the time of the accident is not sufficient.
John Hoppmann testified that at about 1:30 a.m. on October 10 he and his fiancee, Karen Kruser, were proceeding east in his car on Second Street in Dubuque. They stopped for a stop sign at Main Street. At that time a car headed south on Main Street made a right hand turn onto Second Street and struck Hoppmann's rear fender. The car did not stop. Hoppmann turned his car around and followed it. He pulled alongside and then in front of the car, sounding his horn, but it kept right on going.
He testified:
He got the license number and went to the police station and reported the incident. This was 20 to 30 minutes after the collision. He examined the damage to his left rear fender and bumper and noticed red paint on the damaged portions. The car he had chased was the same color.
Karen Kruser testified substantially the same as her fiance. On the question of identification of the driver, she testified:
Officer Hense testified he was on duty when Mr. Hoppmann reported the incident. He observed the damage to the Hoppmann car and took the license number and a description of the other vehicle. About 1 1/2 hours later he observed a car answering this description on Eleventh Street. The license number matched the one furnished by Hoppmann. He knew this car belonged to defendant. Its left front fender was damaged in a location which coincided with the damage to the Hoppmann car.
He testified: ...
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