State v. Cameron, No. 50748

CourtUnited States State Supreme Court of Iowa
Writing for the CourtTHOMPSON; All Justices concur, except STUART
Citation117 N.W.2d 816,254 Iowa 505
Docket NumberNo. 50748
Decision Date13 November 1962
PartiesSTATE of Iowa, Appellee, v. Henry CAMERON, a/k/a Henry Salecker, Appellant.

Page 816

117 N.W.2d 816
254 Iowa 505
STATE of Iowa, Appellee,
v.
Henry CAMERON, a/k/a Henry Salecker, Appellant.
No. 50748.
Supreme Court of Iowa.
Nov. 13, 1962.

Page 817

[254 Iowa 506] Edward Flattery and Mark McCormick, Fort Dodge, for appellant.

Evan Hultman, Atty. Gen., John H. Allen, John C. Cortesio, Asst. Attys. Gen., and Howard Hamilton, Webster County Atty., for appellee.

[254 Iowa 507] THOMPSON, Justice.

On December 1, 1961, a person giving the name of Henry Cameron purchased a pistol and box of shells at Kautzky's, a sports goods store in Fort Dodge. In payment he gave a check in the amount of $33.25. Leonard Will, the manager of the store, made the sale. The purchaser also signed an affidavit as required by Iowa law which gave his name, address--stated as Route 3, Bx. H 2, Fort Dodge, Iowa--his occupation, stated as 'farmer', and told Will he resided near Lehigh, a small town in the vicinity of Fort Dodge. His age was stated as 37. Will was unable to positively identify the defendant as the man who gave him the check and received the merchandise. He said, however, that the defendant was very near the same stature as that of the man who gave him the check: 'As near as I can recollect, this is the same man. * * * We take 30, 40, 50 checks a day, and it does require a lot of remembering to state just exactly every one.' The check was sent to the Union Trust and Savings Bank of Fort Dodge and was returned marked 'No Acct.' The defendant was shortly apprehended in Eldora and returned to Fort Dodge, where he was indicted, tried, convicted and sentenced for the crime of false uttering of a check in violation of code Section 713.3, I.C.A. and so brings his appeal to this court.

I. The unusual nature of the check involved brings the first difficulty in the case, and leads to the inescapable conclusion that the judgment of the trial court must be reversed. We set out a copy of the check.

UNION TRUST & SAVINGS BANK

72-18 59/713

Lehigh, IOWA

12-1-61

Pay to the order of Kautzkys $33.25

Thirty Three & 25/100 Dollars

For ________

Rt. #3 Bx. H 2 Ft Dodge

Henry Cameron

Acc. # A2251 It will be at once observed that the location of the drawee bank, the Union Trust & Savings Bank, is nowhere set out as is [254 Iowa 508] customary with bank checks. On the date line the words 'Fort Dodge, Iowa' were printed; but the words 'Fort Dodge' were obliterated and the word 'Lehigh' substituted. If there is any place of location of the bank upon which the check was drawn, it is found only in the word 'Lehigh'. It will be noted that the indictment in the case refers to 'a false check, drawn on the Union Trust & Savings Bank of Lehigh, Iowa'. Without much doubt, the ordinary person looking at the check in question would conclude that it was drawn on a bank of that name in Lehigh. If we do not accept Lehigh as the location of the bank, there is no location, and so no definite bank, specified.

However, for a reason not explained in the record, the check was presented to the Union Trust & Savings Bank of Fort Dodge, was by it rejected and returned to the payee, Kautzky's, with the notation 'Returned by Union Trust & Savings Bank, Fort Dodge, Iowa; returned unpaid for reason indicated--No Acct.'

Page 818

Why the check was presented to a bank in Fort Dodge upon which it was not drawn we are not told. We may speculate that in fact the Union Trust & Savings Bank of Fort Dodge had an office in Lehigh and kept all records of deposits, etc., in the home bank at Fort Dodge; but this is purely conjecture. We do not take judicial notice of the location of banks or their names in various places. On the record, we have only a check drawn on a bank in Lehigh or on a bank in an unnamed location, which was presented to a bank in Fort Dodge and by it returned unpaid. Much of the prosecution's case depends on a showing that the check was presented to the bank upon which it was drawn; but there is no proof of this.

Section 713.3 provides that one who with fraudulent intent makes, utters or gives any check drawn upon any bank and who secures any thing of value therefor, and who knowingly does not have an arrangement, understanding, or funds with such bank sufficient to meet or pay the check so drawn, is guilty of the offense of false uttering of a check. Section 713.4 makes the fact that payment of a check is refused by the bank upon which it is drawn when presented in the usual course of business material evidence of such lack of arrangement, understanding or funds to [254 Iowa 509] meet it. The trial court in its Instruction No. 7 paraphrased these sections, closing with these words: 'You are further instructed that the fact that payment of said check when presented in the usual course of business by the bank upon which it is drawn shall be material and competent evidence of such lack of arrangement, understanding or lack of funds.'

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10 practice notes
  • State v. Stump, No. 50605
    • United States
    • United States State Supreme Court of Iowa
    • January 15, 1963
    ...against him. This would not make them inadmissible.' See also State v. Benson, 230 Iowa 1168, 300 N.W. 275, and State v. Cameron, Iowa, 117 N.W.2d 816, V. Defendant vigorously attacks the Court's instruction on alibi and the Iowa rule under which it was given. It has been admitted that the ......
  • State v. Short, No. 12–1150.
    • United States
    • United States State Supreme Court of Iowa
    • July 18, 2014
    ...article I, section 8); State v. Carter, 161 N.W.2d 722, 724 (Iowa 1968) (paraphrasing article I, section 8); State v. Cameron, 254 Iowa 505, 511, 117 N.W.2d 816, 819 (1962) (paraphrasing article I, section 10), overruled on other grounds by State v. Bowers, 661 N.W.2d 536, 543 (Iowa 2003). ......
  • Buda v. Fulton, No. 52853
    • United States
    • United States State Supreme Court of Iowa
    • March 5, 1968
    ...v. Shephard, 255 Iowa 1218, 1229, 124 N.W.2d 712; State v. Tornquist, 254 Iowa 1135, 1149--1152, 120 N.W.2d 483; and State v. Cameron, 254 Iowa 505, 509--511, 117 N.W.2d We now conclude trial court erred in holding there was here a violation of Code section 755.17, or of any existing relate......
  • State v. Tornquist, No. 50537
    • United States
    • United States State Supreme Court of Iowa
    • March 12, 1963
    ...In considering admissions, generally we may use the rules governing confessions as a guide in criminal cases. State v. Cameron, Iowa, 117 N.W.2d 816, 819, and As a corollary proposition, the defendant urges that there was at the best no evidence of malice sufficient to warrant the submissio......
  • Request a trial to view additional results
10 cases
  • State v. Stump, No. 50605
    • United States
    • United States State Supreme Court of Iowa
    • January 15, 1963
    ...against him. This would not make them inadmissible.' See also State v. Benson, 230 Iowa 1168, 300 N.W. 275, and State v. Cameron, Iowa, 117 N.W.2d 816, V. Defendant vigorously attacks the Court's instruction on alibi and the Iowa rule under which it was given. It has been admitted that the ......
  • State v. Short, No. 12–1150.
    • United States
    • United States State Supreme Court of Iowa
    • July 18, 2014
    ...article I, section 8); State v. Carter, 161 N.W.2d 722, 724 (Iowa 1968) (paraphrasing article I, section 8); State v. Cameron, 254 Iowa 505, 511, 117 N.W.2d 816, 819 (1962) (paraphrasing article I, section 10), overruled on other grounds by State v. Bowers, 661 N.W.2d 536, 543 (Iowa 2003). ......
  • Buda v. Fulton, No. 52853
    • United States
    • United States State Supreme Court of Iowa
    • March 5, 1968
    ...v. Shephard, 255 Iowa 1218, 1229, 124 N.W.2d 712; State v. Tornquist, 254 Iowa 1135, 1149--1152, 120 N.W.2d 483; and State v. Cameron, 254 Iowa 505, 509--511, 117 N.W.2d We now conclude trial court erred in holding there was here a violation of Code section 755.17, or of any existing relate......
  • State v. Tornquist, No. 50537
    • United States
    • United States State Supreme Court of Iowa
    • March 12, 1963
    ...In considering admissions, generally we may use the rules governing confessions as a guide in criminal cases. State v. Cameron, Iowa, 117 N.W.2d 816, 819, and As a corollary proposition, the defendant urges that there was at the best no evidence of malice sufficient to warrant the submissio......
  • Request a trial to view additional results

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