State v. Evans, 45199.
| Decision Date | 31 December 1940 |
| Docket Number | No. 45199.,45199. |
| Parties | STATE v. EVANS. |
| Court | Iowa Supreme Court |
STATE
v.
EVANS.
No. 45199.
Supreme Court of Iowa.
Dec. 31, 1940.
Appeal from District Court, Calhoun County; P. J. Klinker, Judge.
Defendant was accused by county attorney's information of the crime of obtaining property by false pretenses. He entered a plea of not guilty. Trial was had, resulting in a verdict of guilty. Defendant appeals.
Affirmed.
[295 N.W. 434]
H. W. Hanson, of Des Moines, for appellant.
John M. Rankin, Atty. Gen., Jens Grothe, Asst. Atty. Gen., and Arthur J. Braginton, Co. Atty., and G. L. Gray, Sp. Counsel, both of Rockwell City, for appellee.
MILLER, Justice.
The information, filed by the county attorney, accused defendant of the crime of obtaining property by false pretenses in that, on or about October 18, 1938, he obtained from Addie Otto one Emmetsburg Investment Co-collateral Trust Note, Number 100, by false pretenses. Trial was had, resulting in a verdict of guilty. Defendant was sentenced to an indeterminate period of seven years at hard labor and now appeals.
[1][2] Appellant served notice of his desire to submit the case upon a printed abstract, pursuant to the provisions of Rule 32 of this court, but failed to serve and file such abstract within 120 days following the filing of his notice of appeal, and, having failed to secure an extension of time within that period, his right to have the case submitted on a printed abstract was lost. State v. Clark, 227 Iowa 1082, 290 N.W. 46;State v. Williams, 228 Iowa ---, 290 N.W. 106. However, pursuant to the provisions of Section 14010 of the Code 1939, this court is still required to examine the record, presented by the clerk's transcript. State v. Dunley, 227 Iowa 1085, 290 N.W. 41. Accordingly, appellant has filed an argument, asserting that the cause should be reversed because of errors asserted to appear in the record presented by the clerk's transcript.
[3][4] Most of the assignments of error which appellant asserts complain of the issues included in the court's instructions to the jury. In a civil case, the issues are raised by the pleadings and the evidence is material in determining whether a particular issue has sufficient support in the evidence to warrant its submission to the jury. In a criminal case, with our short form of information or indictment and a plea of not guilty thereto, the pleadings do not embody all the issues and the evidence is even more important in determining what issues should be submitted to the jury. Without the evidence before us, it is impossible for us to pass upon most of the propositions appellant attempts to raise by his assignments of error.
[5] Appellant's first assignment of error asserts: “The court erred in failing to instruct that the thing obtained by the alleged fraudulent statements must be something of value.” The rule of law which appellant invokes is concisely stated in 22 American Jurisprudence 464, as...
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