State v. Brady
Decision Date | 27 October 1903 |
Citation | 97 N.W. 62,121 Iowa 561 |
Parties | THE STATE OF IOWA, Appellee, v. J. E. BRADY, Appellant |
Court | Iowa Supreme Court |
Appeal from Polk District Court.--HON. W. F. CONRAD, Judge.
INDICTMENT for burglary. The defendant, having been adjudged guilty appeals.
Reversed.
Stewart & Cohen and A. P. Chamberlain for appellant.
Chas W. Mullan, Attorney General, and Chas. A. Van Vleck Assistant Attorney General, for the State.
The evidence for the state tended to show that on the night of September 29, 1900, the barn of one Stuart, situated several miles east of the city of Des Moines, was unlawfully broken and entered, and certain harness stolen therefrom; that on said night defendant was seen upon the public highway in that neighborhood; that about ten days thereafter the stolen property, or some of it, was found in his possession; and that he made some statements or admissions serving to strengthen the suspicion of his guilt. The defendant denied his guilt, and offered considerable evidence tending to prove an alibi, and explained his possession of the harness by the statement that he bought it of a person who brought it to his residence in Des Moines on the morning after the alleged crime, which statement was also corroborated by several witnesses.
Among the instructions given by the court to the jury are the following:
The defendant asked the court to supplement its charge as given to the jury with certain other instructions, of which we will here quote the following:
Aside from the question of the sufficiency of the evidence, which we will not discuss further than to say we would not be inclined to disturb the verdict on this ground alone, it will be observed from the foregoing statement that the principal points for our consideration have reference to the legal effect of the possession of goods stolen by burglarious means, and the sufficiency of circumstantial evidence in the proof of crime.
I. As to the effect to be given in prosecutions for burglary to proof of possession of goods stolen in connection with the breaking and entering, the authorities are not entirely in harmony. There are decisions holding without qualification that the fact of possession of property recently stolen under such circumstances has no tendency to prove the possessor's guilt of burglary. People v. Gordon, 40 Mich. 716. On the other hand, cases may be found to the effect that such fact alone creates a sufficient presumption of guilt to justify a conviction. Knickerbocker v. People, 43 N.Y. 177. Our own cases have gone to neither extreme, and are, we think, in harmony with the weight of authority. As laid down in State v Rivers, 68 Iowa 611, 27 N.W. 781, the rule approved by this court is that: ...
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State v. Swarens
...the terms it uses. These easily can then be translated into the language of this court or of the reader. State v. Brady, 121 Iowa, 561, 97 N. W. 62, 12 L. R. A. (N. S.) 199 et seq. Appended to this case is a note which cites numerous cases. Engleman v. State, 2 Ind. 91, 52 Am. Dec. 494; Mas......
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...State v. Bryant, 245 N.C. 645, 97 S.E.2d 264 (1957); State v. Kelly, 218 Minn. 247, 15 N.W.2d 554, 162 A.L.R. 477 (1944); State v. Brady, 121 Ia. 561, 97 N.W. 62 (1903); and an annotation in 16 A.L.R.3d 748 on statutes creating inferences and presumptions of intoxication. As said in Hansen ......
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State v. Foster
...State, 6 S.W. 318; Jones v. State, 31 S.E. 574; Lopez v. State, 40 S.W. 594; Hamilton v. State, 22 S.E. 528; State v. Brady, 91 N.W. 801, 97 N.W. 62; 1 Blashfield Juries, section 213, 12 Cyc. 633; 12 Am. & Eng. Enc. Law (1st Ed.) 879; Underhill on Cr. Ev. 10; Rapalje on Larceny, section 258......
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The State v. Swarens
... ... in characterizing presumptions, inferences, etc. It is ... necessary to understand what each court means by the terms it ... uses. These easily can then be translated into the language ... of this court or of the reader. [ State v. Brady, 121 ... Iowa 561, 12 L. R. A. (N. S.) 199, 97 N.W. 62 et seq.] ... Appended to this case is a note which cites numerous cases ... [ Engleman v. State, 2 Ind. 91; Gravitt v ... State, 114 Ga. 841, 40 S.E. 1003; Huggins v ... People, 135 Ill. 243, 25 N.E. 1002; Cooper v ... State, ... ...