State v. Friend, No. 40944.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtGRIMM
PartiesSTATE v. FRIEND.
Docket NumberNo. 40944.
Decision Date24 November 1931

213 Iowa 544
239 N.W. 132

STATE
v.
FRIEND.

No. 40944.

Supreme Court of Iowa.

Nov. 24, 1931.


Appeal from District Court, Floyd County; M. H. Kepler, Judge.

The defendant was tried on a true information charging him with assault with intent to commit rape. The court directed a verdict for the defendant. The state appeals. The facts appear in the opinion.

Affirmed.

[239 N.W. 132]

E. C. Hardwig, Co. Atty., and J. C. Campbell, both of Charles City, for the State.

Jens Grothe, of Charles City, for appellee.


GRIMM, J.

In September, 1930, the county attorney of Floyd county filed a true information against the defendant, charging him with assault with intent to commit rape. The defendant pleaded not guilty. At the close of the evidence for the state, the defendant filed a motion for a directed verdict, and the court reserved the ruling. At the close of all the evidence, the motion to direct a verdict in behalf of the defendant was renewed and sustained, and it is from this ruling that the state has appealed.

I. The law applicable to such cases has been recently very fully announced by this court in State v. Little, 210 Iowa, 371, 228 N. W. 67, 69. What has been there said need not be here repeated, except to say that: “The purpose of section 14012 can hardly be misunderstood. It is to secure review by the higher court of erroneous rulings by the district court on questions of law which may be of use to the court and the profession in the administration of the criminal law. As is illustrated by many cases cited from this and other jurisdictions, questions of law which affect the state adversely and go directly to the proper administration of the criminal law may, of course, arise. When they do and the question is one in which an appeal is permitted, the court must pass upon it and announce the rule by which trial courts are in the future to be guided. Nothing could be more useless than appeals by the state from rulings directing yerdicts of acquittal unless a question of law other than the mere sufficiency of the evidence to sustain a conviction is involved. The ruling of the court

[239 N.W. 133]

below directing the jury to return a verdict of not guilty does not present a question of law which this court is required to review.”

In State v. Niehaus, 209 Iowa, 533, 228 N. W. 308, 310, in a case in which the court directed a verdict in favor of the defendant, this court said: “All of these grounds go to the question of the sufficiency of the evidence to warrant...

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8 practice notes
  • State v. Traas, No. 45565.
    • United States
    • United States State Supreme Court of Iowa
    • June 17, 1941
    ...which could be of no benefit in the trial of criminal cases in the future. State v. Little, 210 Iowa 371, 228 N.W. 67;State v. Friend, 213 Iowa 544, 239 N.W. 132;State v. Tibbetts, 213 Iowa 552, 239 N.W. 133;State v. Niehaus, 209 Iowa 533, 228 N.W. 308; State v. Gilbert, supra; State v. Kir......
  • State v. Wickett, No. 45705.
    • United States
    • United States State Supreme Court of Iowa
    • October 21, 1941
    ...have been passed upon are State v. Woodruff, 208 Iowa 236, 225 N.W. 254;State v. Little, 210 Iowa 371, 228 N.W. 67;State v. Friend, 213 Iowa 544, 239 N.W. 132;State v. Traas, 230 Iowa 826, 298 N.W. 862;State v. Meyer, 203 Iowa 694, 213 N.W. 220;State v. Johnson, 157 Iowa 248, 138 N.W. 458;S......
  • State v. Marcum, No. 48297
    • United States
    • United States State Supreme Court of Iowa
    • January 12, 1954
    ...v. Franklin, 242 Iowa 726, 46 N.W.2d 710, and citations; State v. Niehaus, 209 Iowa 533, 228 N.W. 308. And further, in State v. Friend, 213 Iowa 544, 546, 239 N.W. 132, 133, we 'The testimony on behalf of the state and on behalf of the defendant in the case at bar is, in many important part......
  • State v. Hansen, No. 8-581/08-0099 (Iowa App. 12/31/2008), No. 8-581/08-0099
    • United States
    • Court of Appeals of Iowa
    • December 31, 2008
    ...to the trial courts or profession must be shown. (Citations omitted). This reasoning follows earlier decisions such as State v. Friend, 213 Iowa 544, 545, 239 N.W. 132, 133 (1931) ("Nothing could be more useless than appeals by the state from rulings directing verdicts of acquittal unless a......
  • Request a trial to view additional results
8 cases
  • State v. Traas, No. 45565.
    • United States
    • United States State Supreme Court of Iowa
    • June 17, 1941
    ...which could be of no benefit in the trial of criminal cases in the future. State v. Little, 210 Iowa 371, 228 N.W. 67;State v. Friend, 213 Iowa 544, 239 N.W. 132;State v. Tibbetts, 213 Iowa 552, 239 N.W. 133;State v. Niehaus, 209 Iowa 533, 228 N.W. 308; State v. Gilbert, supra; State v. Kir......
  • State v. Wickett, No. 45705.
    • United States
    • United States State Supreme Court of Iowa
    • October 21, 1941
    ...have been passed upon are State v. Woodruff, 208 Iowa 236, 225 N.W. 254;State v. Little, 210 Iowa 371, 228 N.W. 67;State v. Friend, 213 Iowa 544, 239 N.W. 132;State v. Traas, 230 Iowa 826, 298 N.W. 862;State v. Meyer, 203 Iowa 694, 213 N.W. 220;State v. Johnson, 157 Iowa 248, 138 N.W. 458;S......
  • State v. Marcum, No. 48297
    • United States
    • United States State Supreme Court of Iowa
    • January 12, 1954
    ...v. Franklin, 242 Iowa 726, 46 N.W.2d 710, and citations; State v. Niehaus, 209 Iowa 533, 228 N.W. 308. And further, in State v. Friend, 213 Iowa 544, 546, 239 N.W. 132, 133, we 'The testimony on behalf of the state and on behalf of the defendant in the case at bar is, in many important part......
  • State v. Hansen, No. 8-581/08-0099 (Iowa App. 12/31/2008), No. 8-581/08-0099
    • United States
    • Court of Appeals of Iowa
    • December 31, 2008
    ...to the trial courts or profession must be shown. (Citations omitted). This reasoning follows earlier decisions such as State v. Friend, 213 Iowa 544, 545, 239 N.W. 132, 133 (1931) ("Nothing could be more useless than appeals by the state from rulings directing verdicts of acquittal unless a......
  • Request a trial to view additional results

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