State v. Armento, 59135

Decision Date29 July 1977
Docket NumberNo. 59135,59135
Citation256 N.W.2d 228
PartiesSTATE of Iowa, Appellee, v. Billy Joe ARMENTO, Appellant.
CourtIowa Supreme Court

Clark L. Holmes of Holmes, Ralph & Kutmus, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Jim P. Robbins, Asst. Atty. Gen., and Dan L. Johnston, County Atty., Donald F. Starr, Asst. County Atty., for appellee.

Heard by MOORE, C. J., and RAWLINGS, REYNOLDSON, HARRIS and McCORMICK, JJ.

McCORMICK, Justice.

Defendant Billy Joe Armento appeals his conviction and sentence for first-degree murder in violation of § 690.2, The Code. The State's case was based on evidence defendant and Lawrence Kocher were hired by Marion Archer King to kill King's wife. She was slain by gunshot in Des Moines on March 12, 1975. Kocher testified for the State in the joint trial of King and Armento, both of whom were convicted as charged. We recently affirmed on King's appeal. See State v. King, 256 N.W.2d 1 (Iowa 1977). The only different issue raised in defendant's appeal is whether the trial court erred in refusing to allow defendant to ask Kocher what he believed the penalty to be for first-degree murder. We find no reversible error and affirm the trial court.

The contentions in this appeal which were also urged in King are that the trial court erred (1) in overruling defendant's pretrial motion to remove Donald Starr as prosecutor, (2) in sustaining the State's motion to allow testimony of additional witnesses under § 780.11, The Code, (3) in overruling defendant's motion for new trial on the ground of judicial misconduct, and (4) in overruling his motion for new trial because of State nondisclosure of an alleged offer of immunity to Kocher. Our opinion in King is dispositive of these contentions. We find them to be without merit on the same basis in this appeal.

Defendant's different assignment of error is that the trial court erred in limiting his interrogation of Kocher regarding his motive in testifying for the State. Kocher was recalled to the stand by the defense during the presentation of defendant's evidence. Defendant sought to show Kocher's testimony for the State was motivated by his desire to avoid the penalty for first-degree murder. The following occurred:

Q. Mr. Kocher, let me begin by saying after you were charged preliminarily with the crime of murder of Anne King, isn't it a fact that you were aware that the punishment for murder in the first degree is life in prison?

(Assistant County Attorney): * * * I object to that as having no bearing on any issue in this case.

(The Court): Sustained. Punishment is not a matter for the jury.

Q. Mr. Kocher, while you were in jail and in custody by the State of Iowa, were you aware of the penalty for murder in the first degree? A. Yes.

Q. Isn't it a fact that that awareness caused you to color your testimony throughout the duration of the State's examination? A. No.

In an offer of proof defendant showed Kocher believed the penalty for first-degree murder to be life imprisonment without parole, which it is. See §§ 247.5, 690.2, The Code.

In making the offer of proof defense counsel alerted the court to his theory of admissibility. Nevertheless, the trial court refused to allow the evidence, saying, "I think it would be unfair to the State to have this witness or any witness testify specifically as to what the penalty is." Defendant assigns this ruling as error.

We are concerned here with an effort to impeach a witness by showing his bias or interest. The right of a party to impeach a witness in this way is well established. State v. Van Rees, 246 N.W.2d 339, 345-347 (Iowa 1976); State v. Carney, 236 N.W.2d 44, 46 (Iowa 1975); State v. Droste, 232 N.W.2d 483, 489-490 (Iowa 1975); State v. Peterson, 219 N.W.2d 665, 671 (Iowa 1974). A defendant should be permitted wide latitude in seeking to show bias of an alleged accomplice who testifies for the prosecution. The pendency of the same charge against an accomplice creates a reason for him to testify favorably for the State to curry favor in order to obtain leniency. See IIIA Wigmore on Evidence §§ 949, 967 (Chadbourn Rev. 1970).

The principle involved here is accurately stated in Annot., 62 A.L.R.2d 610, 624, as follows:

The rule allowing great or liberal latitude in the cross-examination by defendant of a witness for the prosecution, with respect to his motive for testifying, is especially applicable where such witness is a codefendant or accomplice of the accused, * * * and whose testimony against defendant may be influenced by a promise of, or hope or expectation of, immunity or leniency with respect to his case as a consideration for testifying against defendant.

Here, with the one exception on which error is predicated, defendant was accorded full advantage of this principle. Kocher's role as accomplice was disclosed. Defendant explored his motivation by extensive inquiry of Kocher and other witnesses regarding plea...

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8 cases
  • State v. Horn
    • United States
    • Iowa Supreme Court
    • August 29, 1979
    ...to show the potential bias of Conard, who may have been testifying in an attempt to obtain leniency from the State. See State v. Armento, 256 N.W.2d 228, 229 (Iowa 1970). We hold as we did in Armento, that any error by the trial court was As we noted in Armento, 256 N.W.2d at 229, a "defend......
  • State v. Donelson
    • United States
    • Iowa Supreme Court
    • February 18, 1981
    ...the witness is an accomplice who stands to gain by placing the major blame upon the accused. A somewhat similar case is State v. Armento, 256 N.W.2d 228 (Iowa 1977). There the defendant desired to show the State's witness testified in order to escape the punishment for first-degree murder. ......
  • State v. Ruble
    • United States
    • Iowa Supreme Court
    • July 31, 1985
    ...to show the bias or interest of all alleged accomplices or other witnesses, who testify for the prosecution. See State v. Armento, 256 N.W.2d 228, 229 (Iowa 1977). It is said [t]he rule allowing great or liberal latitude in the cross-examination by defendant of a witness for the prosecution......
  • State v. Runyan
    • United States
    • Iowa Court of Appeals
    • April 30, 1999
    ...499 N.W.2d 312 (Iowa App.1993); State v. Donelson, 302 N.W.2d 125 (Iowa 1981); State v. Horn, 282 N.W.2d 717 (Iowa 1979); State v. Armento, 256 N.W.2d 228 (Iowa 1977). From these cases, we glean the primary concern for limiting examination into the details of the plea agreement is to preven......
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