State v. Daves, 52013
Court | United States State Supreme Court of Iowa |
Citation | 144 N.W.2d 879,259 Iowa 584 |
Docket Number | No. 52013,52013 |
Parties | STATE of Iowa, Appellee, v. Aubrey W. DAVES, Appellant. |
Decision Date | 20 September 1966 |
Jerry L. Lovelace, and Alan R. Leff, Iowa City, for appellant.
Lawrence F. Scalise, Atty. Gen., Don R. Bennett, Asst. Atty. Gen., Daniel W. Boyle, County Atty., and Robert W. Jansen, Asst. County Atty., Johnson County, for appellee.
Defendant was convicted of larceny in the nighttime. He has appealed from the judgment and rulings on his motion for directed verdict and motion to set aside the verdict and grant a new trial. The sole question is the sufficiency of the evidence.
On a claim of insufficient evidence to support a conviction, we view the evidence in the light most favorable to the state. The finding of guilt by the trier of fact is binding on us unless we are satisfied it is without substantial support in the evidence or is clearly against the weight thereof. State v. Stodola, 257 Iowa 863, 134 N.W.2d 920, 921; State v. Poffenbarger, 247 Iowa 552, 554, 74 N.W.2d 585, 586; State v. Harless, 249 Iowa 530, 531-532, 86 N.W.2d 210, 211; State v. Frink, 255 Iowa 59, 63-64, 120 N.W.2d 432, 435.
However, the state must prove all essential elements of the crime charged. State v. Mabbitt, 257 Iowa 1063, 135 N.W.2d 525, 528; State v. Myers, 253 Iowa 271 274, 111 N.W.2d 660, 662. Here the evidence shows without dispute that a Mr. Klepke took $100 from the cash drawer of the Union Bus Depot in Iowa City during the night of Sunday, March 7th, or early in the morning of March 8, 1965. It is the sufficiency of the evidence connecting defendant with this crime which is challenged. To aid or abet means to assent to an act or to lend countenance or approval either by active participation in it or by some manner encouraging it. State v. Fonza, 254 Iowa 630, 118 N.W.2d 548; State v. Smith, 248 Iowa 603, 608, 81 N.W.2d 657, 660; State v. Storms, 233 Iowa 655, 657, 10 N.W.2d 53, 54. Knowledge is an essential element of aiding and abetting. State v. Kneedy, 232 Iowa 21, 28, 3 N.W.2d 611, 615; State v. McCarty, 210 Iowa 173, 177, 230 N.W. 379, 381. Guilt of a person charged with aiding and abetting must be determined upon the facts which show his part in the crime and does not depend on another's degree of guilt. State v. Bittner, 209 Iowa 109, 111, 227 N.W. 601; State v. Canalle, 206 Iowa 1169, 1177, 221 N.W. 847; State v. Smith, 100 Iowa 1, 4, 69 N.W. 269.
Mere presence at the scene of a crime is not enough to prove defendant committed the offense or that he did aid and abet its commission. State v. Mabbitt, 257 Iowa 1063, 135 N.W.2d 525, 528; State v. Farr, 33 Iowa 553, 562; State v. Fonza, 254 Iowa 630, 635, 118 N.W.2d 548, 551; State v. Farris, 189 Iowa 505, 510, 178 N.W. 361.
Any evidence circumstantial or direct, must be sufficient to raise a fair inference of guilt. It must generate something more than suspicion, or speculation, or conjecture. State v. Myers, 253 Iowa 271, 274, 111 N.W.2d 660, 662; State v. Saling, 177 Iowa 552, 563, 159 N.W. 255, 259; State v. Whisler, 231 Iowa 1216, 1226, 3 N.W.2d 525, 530.
With these rules in mind we now turn to the evidence.
In February, 1965, the operator of the bus depot reported a loss of money to the Iowa City police. When money was again missing on March 5, the police set up a plan of surveillance. On the nights of March 5th, 6th, and 7th, officers were stationed in a bus parked along the west side of the bus depot in a position from which the interior of the station could be observed.
The depot is located in the south or rear half of the Burkley Hotel building. Two doors open from the waiting room onto an alley which runs along the south end of the building. There are three rows of six or seven chairs facing south. At the north end of the waiting room is a large opening leading into the hotel and the Campus Grill. The ticket counter in which the cash drawers were located was also to the north end of the room. There were three rows of drawers behind the counter which were secured by placing pipes through the top of the counter and down through the drawers. They were padlocked at the bottom.
The officer, sitting in the bus, could look through a window and see the money drawers, the entire counter, the first two rows of chairs and the doors to the men's and ladies' restrooms.
Detective Snider testified as to his observations the first night of the surveillance:
It was later determined money had been taken that night.
The surveillance on Sunday night was conducted by Officer Raymond White who testified: 'About 45 minutes after I assumed my position, I saw one fellow (Klepke) walk behind the counter. He was alone when he walked behind the counter and he had come in with two other fellows (Defendant and Wells) form the hotel entrance walking into the waiting area. * * *
'Daves and Wells wandered around the area where people sit and over to the coke machine and walked around but did not sit down at that time. Mr. Klepke walked behind the counter and stooped down and picked up a pamphlet from the area underneath the counter where they are stored and stood there and read a little bit and walked out from behind the counter. All three of them left at about 9:30, going out to the front of the hotel.
'I maintained my vigil and the same three individuals came back into the bus depot around 10:50. Wells and Daves sat in the waiting chairs for the customers and Klepke made a trip behind the counter and picked up another pamphlet. Mr. Daves was sitting in the second chair and Mr. Wells was sitting in the third chair in a rather relaxed position. Mr. Daves was sitting kind of turned in his chair with his face turned towards the north, or towards the entrance of the hotel and Mr. Wells was sitting facing to the south. The three stayed for approximately ten minutes and during this time Mr. Klepke had picked up the pamphlet and walked back out from behind the counter and leaned against the counter and read it a while at the front of, or the south side of, the counter. Mr. Klepke then made a second trip back around the counter, picked up another larger pamphlet and walked back out. He stood there a few minutes and then the three of them left. During this time when they were in the bus depot, Wells and Daves remained in their position and they talked a little bit, but I was unable to hear what they were saying as the window of the bus and the window of the building were between us.
'I continued my surveillance and noticed other people wandering through the depot periodically and around 11:15 and 12:30 there were a lot of people with buses coming and going. One of the bus drivers walked all the way through and behind the counter and a couple others walked around to the end. None of them were near the cash drawers. At 1:00 on the morning of the 8th, all three of the fellows came back in and Mr. Klepke walked up to the end of the counter and spread a newspaper on the end so he could stand there and read the newspaper. The other two fellows wandered around just a few minutes and left by the north entrance.
'Klepke produced a screw driver and was standing reading a...
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