State v. Buttolph, 55281
| Court | United States State Supreme Court of Iowa |
| Citation | 204 N.W.2d 824 |
| Docket Number | No. 55281,55281 |
| Parties | STATE of Iowa, Appellee, v. Shirley BUTTOLPH, Appellant. |
| Decision Date | 20 December 1972 |
Page 824
v.
Shirley BUTTOLPH, Appellant.
Upton B. Kepford, Waterloo, for appellant.
Richard C. Turner, Atty. Gen., Robert D. Jacobson, Asst. Atty. Gen., and David J. Dutton, Black Hawk County Atty., for appellee.
Heard before MOORE, C.J. and LeGRAND, REYNOLDSON, HARRIS and McCORMICK, JJ.
LeGRAND, Justice.
Following her conviction for obtaining money by false pretenses in violation of section 713.1, The Code, 1966, defendant was sentenced to a term of not more than seven years in the Women's Reformatory. She appeals from that judgment, and we affirm the trial court.
This is defendant's second appeal to this court. She had earlier been convicted
Page 825
jointly with her brother, Dale Armstrong. We reversed that conviction as to both defendants in State v. Armstrong and Buttolph, 183 N.W.2d 205 (Iowa 1971). On remand the cases were severed and, coincidentally, Armstrong's appeal from his separate conviction on re-trial has also been affirmed today.Defendant assigns as grounds for reversal the claim that she 'did not receive a fair trial and was deprived of due process of law and there was not sufficient competent evidence upon which to base a conviction.' This catch-all assignment does not conform to rule 344, Rules of Civil Procedure, which is also applicable to criminal appeals. See State v. Masters, 171 N.W.2d 255, 257 (Iowa 1969). We expressed dissatisfaction over this same unsatisfactory procedure in State v. Armstrong, Iowa, 203 N.W.2d 269 (filed December 20, 1972). The criticism voiced there is equally applicable here. The inexcusable failure to comply with our rules does little to assist in the orderly and efficient disposition of the ever-increasing volume of cases with which we must deal.
Our own search of the record and transcript discloses defendant's complaints center around the following alleged errors: (1) permitting evidence to be introduced as to the mental capacity of Stella Brimmer, the victim of the alleged false pretenses; (2) permitting David Nothdurft to testify as to other similar transactions; (3) refusing defendant's requested instruction concerning the possible issuance of a valid policy of insurance despite the alleged fraud in securing Stella Brimmer's application; and (4) submitting the case to the jury in the absence f competent evidence to show defendant aided and abetted her brother, Dale Armstrong, in the commission of the offense charged.
I. The first three errors listed above are identical with those raised in State v. Armstrong, Iowa, 203 N.W.2d 269 (filed December 20, 1972). Each was there resolved against the position defendant now takes.
It is unnecessary to repeat what was said in that case. We reject each of the contentions raised and in doing so adopt the holdings in Divisions III, VI and VII of the Armstrong opinion.
II. This leaves for determination the sole remaining issue: Was there competent evidence...
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State v. Conner, 57552
...of the necessity and nature of participation required to establish defendant's complicity in the robbery offense. See State v. Buttolph, 204 N.W.2d 824, 825 (Iowa 1972). When the aiding and abetting instruction is read as a whole and the marshalling instruction is read in light of the aidin......
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State v. Reese, 59747
...we said, in reviewing guilty convictions, that the court will review the evidence in a light most favorable to the State. State v. Buttolph, 204 N.W.2d 824 (Iowa 1972), cert. denied, 414 U.S. 857, 94 S.Ct. 163, 38 L.Ed.2d 107 (1973). Such principle is not applicable to the issue under consi......
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Champion, In Interest of, 2--56956
...must occur prior to or at the time of the commission of the offense. State v. Barnes, 204 N.W.2d 827, 828 (Iowa 1972); State v. Buttolph, 204 N.W.2d 824, 825 (Iowa 1972), cert. denied, 414 U.S. 857, 94 S.Ct. 163, 38 L.Ed.2d 107 The guilt of one who aids or abets another in the commission of......
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...State v. Lott, 255 N.W.2d 105, 107 (Iowa 1977). Proof of aiding and abetting may be either direct or circumstantial. State v. Buttolph, 204 N.W.2d 824, 825 (Iowa 1972). Although Pearson's knowledge of these offenses prior to or at the time of their commission is essential, neither knowledge......