State v. Freeman, 60245
Decision Date | 28 June 1978 |
Docket Number | No. 60245,60245 |
Citation | 267 N.W.2d 69 |
Parties | STATE of Iowa, Appellee, v. Clifford George FREEMAN, Appellant. |
Court | Iowa Supreme Court |
Oscar E. Jones, Des Moines, for appellant.
Richard C. Turner, Atty. Gen., and Dan L. Johnston, County Atty., for appellee.
En banc. *
Defendant appeals his conviction of shoplifting in violation of § 709.20, The Code, 1975. His sole assignment of error on appeal complains of the trial court's refusal to submit his requested instructions concerning mistake of fact as a defense. We reverse the trial court and remand the case for a new trial.
Clifford George Freeman (defendant) and his girlfriend Vicki entered a retail store in Des Moines. Defendant maintains he gave his girlfriend $180 to pay for a stereo which she was to select. According to defendant's story he was not feeling well and attempted to hurry Vicki into selecting the stereo she wanted.
The stereo Vicki chose was priced $199. Defendant testified that, after placing the stereo equipment in a cart, Vicki started toward the back of the store to pay for it. One of Vicki's daughters approached them and said Vicki's baby was sick. Defendant maintains he told Vicki to pay for the stereo while he put Vicki's other children in the truck. Defendant then took the cart with the stereo equipment from the store to the parking lot where his truck was parked.
Security people had been watching defendant during this time and followed him to the parking lot. The officers asked defendant if he had a receipt for the stereo. Defendant replied that his girlfriend had the receipt because she was the one who had paid for it.
Vicki's testimony corroborated that of defendant. There was also medical testimony that defendant was taking medicine which could cause dizziness and grogginess. Further testimony indicated defendant had been working a late shift which might make him tired.
At trial defendant proposed two instructions as follows:
In denying these requested instructions the court indicated the concept was adequately covered in a standard instruction which instructed on the question of intent. The trial court's intent instruction was patterned after Iowa Standard Jury Instruction 518.4:
I. Although our research has disclosed no Iowa case on the point it seems well established that ignorance or mistake of fact, if reasonable and not due to carelessness or negligence, is a defense to a crime of intent. Perkins, On Criminal Law, (Second Ed. 1969) pp. 939-943. See generally 22 C.J.S. Criminal Law § 47, pp. 182-183; 21 Am.Jur.2d, Criminal Law, § 93, pp. 173-175.
We note defendant's requested instructions did not properly summarize the mistake of fact defense. The authorities cited make it clear that, for a mistake of fact to form a defense, the mistake must be reasonable and the act to be justified must be...
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General v. State
...of fact is a defense to a crime requiring intent if it was reasonable and not due to carelessness or negligence. See State v. Freeman, 267 N.W.2d 69, 70 (Iowa 1978). In the context of a theft case, the court "We cannot agree the theory of mistake of fact was adequately explained to the jury......
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Sutton v. Commonwealth
...jury instruction on elements of theft and burglary were sufficient when a mistake of fact has been adequately raised); State v. Freeman , 267 N.W.2d 69 (Iowa 1978) (holding courts have a duty to specifically instruct on a mistake of fact even where requisite criminal intent is part of the g......
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State v. Locquiao
...rejected the contention that the state-of-mind instruction adequately addressed a defendant's mistake-of-fact defense. State v. Freeman, 267 N.W.2d 69, 71 (Iowa 1978). It is true [that] a mistake of fact would, under its definition, make it impossible for [a] defendant to form a criminal in......
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Walker v. Com., No. 2001-SC-0396-DG.
...defense of mistake of fact, also included in KRS 501.070, required that the mistake be reasonable. Id. at 242 (citing State v. Freeman, 267 N.W.2d 69, 69 (Iowa 1978)). Freeman, however, was decided on common law principles, not statutory language. Since our statute creates a subjective stan......