State v. Beer, No. 54774
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | MOORE; All Justices concur except HARRIS |
| Citation | 193 N.W.2d 530 |
| Docket Number | No. 54774 |
| Decision Date | 14 January 1972 |
| Parties | STATE of Iowa, Appellee, v. Charles Alfred BEER, Appellant. |
Page 530
v.
Charles Alfred BEER, Appellant.
Page 531
Phillip N. Norland, Northwood, for appellant.
Richard C. Turner, Atty. Gen., Allen J. Lukehart, Asst. Atty. Gen., and Clayton Wornson, County Atty., for appellee.
MOORE, Chief Justice.
Defendant, Charles Alfred Beer, appeals from conviction and sentence for assault with intent to commit rape in violation of Code section 698.4. We affirm.
Defendant's first two assigned errors assert the evidence was insufficient (1) to allow the jury to consider whether he intended to rape the prosecuting witness and (2) to support the conviction. We consider them together.
I. On defendant's appeal from criminal conviction based on jury verdict challenging sufficiency of evidence to sustain the verdict we view the evidence in the light most favorable to the State and accept as established all reasonable inferences tending to support action of the jury. It is necessary to consider only the supporting evidence whether contradicted or not. State v. Brown, Iowa, 172 N.W.2d 152, 153, and citations.
II. About 12:30 a.m. October 9, 1970 roommates Janice Cripps and Susan Anderson, each 22 years of age, while en route from Slayton, Minnesota, to their home in Marshalltown, Iowa, drove through Mason City on highway 65 (Federal Avenue). A 'car' honked at them and continued to do so for several blocks. They observed it was a 1964 yellow Chevrolet Impala but were not acquainted with the occupants. Without further incident they continued to about five miles south of Mason City where they were forced to the side of the highway and stopped by the same yellow Chevrolet. At the same time another vehicle was stopped behind the Rambler driven by Miss Cripps. An attempt to get around the Chevrolet was unsuccessful. A man from the front and another from the rear vehicle then came to the side of the Rambler and began knocking on the doors. The men, strangers to the women, said they wanted to talk. The young ladies were terrified. They screamed and begged to be left alone. The two men persisted and after reaching over a door glass, which was down a few inches,
Page 532
defendant unlocked a door and they forced their way into the Rambler. Both women testified defendant entered the left front door and sat beside Miss Cripps. Defendant's step-brother, Francis Werstein, got in the back seat. Defendant kissed and bit Miss Cripps' face and neck. He felt her breasts and ripped open the front of her slacks, underpants and panty hose. Werstein from the back seat attacked Mrs. Anderson by kissing and...To continue reading
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State v. Dunn, No. 54935
...v. Hackett, 197 N.W.2d 569 (Iowa) (opinion filed May 11, 1972); State v. Jennings, 195 N.W.2d 351, Page 107 357 (Iowa); State v. Beer, 193 N.W.2d 530, 531 Also, 'In a criminal action the cause should be submitted to the jury and the court should not direct a verdict of acquittal if there is......
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State v. Mattingly, No. 55894
...reason, we do not consider matter raised for the first time on appeal. State v. Nepple, 211 N.W.2d 330, 333 (Iowa 1973); State v. Beer, 193 N.W.2d 530, 532 (Iowa 1972); State v. Clark, 187 N.W.2d 717 (Iowa 1971). We find no such compelling reason in this VI. Defendant's final contention is ......
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State v. Bruno, No. 54760
...including constitutional questions, cannot be effectively asserted the first time on appeal. * * * (citing authorities).' State v. Beer, 193 N.W.2d 530, 532 (Iowa On the other hand, if defendant's assigned error is interpreted as a claim that there was insufficient evidence to sustain the c......
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State v. Tokatlian, Nos. 54387
...questions, cannot be effectively asserted the first time on appeal. State v. Evans, 193 N.W.2d 515, 519 (Iowa 1972); State v. Beer, 193 N.W.2d 530, 532 (Iowa 1972); State v. McClelland, 164 N.W.2d 189, 197 (Iowa 1969); State v. Halverson, 261 Iowa 530, 536, 155 N.W.2d 177, 180; State v. Har......
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State v. Dunn, No. 54935
...v. Hackett, 197 N.W.2d 569 (Iowa) (opinion filed May 11, 1972); State v. Jennings, 195 N.W.2d 351, Page 107 357 (Iowa); State v. Beer, 193 N.W.2d 530, 531 Also, 'In a criminal action the cause should be submitted to the jury and the court should not direct a verdict of acquittal if there is......
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State v. Mattingly, No. 55894
...reason, we do not consider matter raised for the first time on appeal. State v. Nepple, 211 N.W.2d 330, 333 (Iowa 1973); State v. Beer, 193 N.W.2d 530, 532 (Iowa 1972); State v. Clark, 187 N.W.2d 717 (Iowa 1971). We find no such compelling reason in this VI. Defendant's final contention is ......
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State v. Bruno, No. 54760
...including constitutional questions, cannot be effectively asserted the first time on appeal. * * * (citing authorities).' State v. Beer, 193 N.W.2d 530, 532 (Iowa On the other hand, if defendant's assigned error is interpreted as a claim that there was insufficient evidence to sustain the c......
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State v. Tokatlian, Nos. 54387
...questions, cannot be effectively asserted the first time on appeal. State v. Evans, 193 N.W.2d 515, 519 (Iowa 1972); State v. Beer, 193 N.W.2d 530, 532 (Iowa 1972); State v. McClelland, 164 N.W.2d 189, 197 (Iowa 1969); State v. Halverson, 261 Iowa 530, 536, 155 N.W.2d 177, 180; State v. Har......