State v. Geier, 49310

• Decision Date: 14 January 1958
• Docket Number: No. 49310,49310
• Citation: 249 Iowa 475,87 N.W.2d 318
• Parties: STATE of Iowa, Appellee, v. Floyd L. GEIER, Appellant.
• Court: Iowa Supreme Court

Page 318

87 N.W.2d 318

249 Iowa 475

STATE of Iowa, Appellee, v. Floyd L. GEIER, Appellant.

No. 49310.

Supreme Court of Iowa.

Jan. 14, 1958.

Floyd L. Geier, pro se.

Norman A. Erbe, Atty. Gen., Freeman H. Forrest, Ass't Atty. Gen., Sam Erhardt, County Atty., Wapello County, Ottumwa, for appellee.

HAYS, Justice.

By indictment defendant was charged with the crime of larceny in the nighttime in that Floyd Geier on or about June 21, 1956, did willfully and unlawfully steal, take and carry away certain money and checks of a value in excess of $20 belonging to the McDowell Garage, Blakesburg, Iowa, in violation of Section 709.4, Code 1954, I.C.A. Trial was had and a verdict of guilty returned. From a judgment thereon he has appealed.

Section 709.4, Code 1954, I.C.A. provides: 'If any person in the nighttime commit larceny in any dwelling house, store, or any public or private building * * * when the value of the property stolen exceeds the sum of twenty dollars, he shall be imprisoned in the penitentiary * * *.'

Section 688.1, Code 1954, I.C.A. provides: 'The distinction between an accessory before the fact and a principal is abrogated, and all persons concerned in the commission of a public offense, whether they directly commit the act constituting the offense, or aid and abet its commission, though not present, must hereafter be indicted, tried, and punished as principals.' It was under this statute that defendant was indicted and tried for the crime charged.

The State's case is based primarily upon the testimony of two witnesses, one of which, Gerald Slycord, admits that on the night in question he entered the McDowell Garage at Blakesburg, Iowa, and took some $20 in cash and a number of checks, one being in the sum of $270, payable to the McDowell Garage. The other witness, Willis De Wild, admits going to Blakesburg with Slycord, and states that he remained in the car while Slycord went into the building. That upon his return the money taken was divided and they then went to Des Moines where the $270 check was cashed. There is little question but that the trip to Blakesburg started at Oskaloosa, Iowa, where the witnesses and the defendant lived; also, that the trip was made in defendant's car. Both witnesses state that defendant was with them on the trip, that he remained in the car with De Wild during the theft and shared equally in the division of the spoils. Under the record it is clear that the three were drinking together in Oskaloosa on the evening of the theft and defendant admits that Slycord used his (defendant's) car on the night in question. Defendant claims he was paid $5 by Slycord for the use of his car to go to Ottumwa and that early the next morning, Slycord and De Wild came by his home and they started for Council Bluffs to visit defendant's sister. The bartender of Hap's Corral Tavern in Des Moines identified defendant as having been in the tavern on the morning following the theft, in the company of De Wild and Slycord and of their desire to cash a check. The owner of the tavern and his wife also identified the three, related how they represented one to be a son of the Garage owner and of cashing a $270 check payable to the Garage. That during the talk relative to cashing the check, the defendant was present but left the tavern before the money was paid over. Defendant admits being in the tavern but denies having any part in the cashing of the check. He also admits getting money from Slycord but said he borrowed it. Defendant was arrested in Texas and returned for trial.

The Sheriff of Wapello County testified that defendant offered to plead guilty to the charge if granted a bench parole. He had twice before been convicted of a felony. A special agent, Iowa Bureau of Criminal Investigation, testified that defendant, while denying that he was in Blakesburg, admitted being with Slycord and De Wild on the evening of the theft; of loaning his car to them and of being in Hap's tavern in Des Moines with them, the next morning.

While on this appeal the defendant appears pro se, on the trial in the district court he was represented by counsel, presumably of his own choice. An examination of the record...