State v. Greenland
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | McCLAIN |
| Citation | 125 Iowa 141,100 N.W. 341 |
| Decision Date | 12 July 1904 |
| Parties | STATE v. GREENLAND. |
125 Iowa 141
100 N.W. 341
STATE
v.
GREENLAND.
Supreme Court of Iowa.
July 12, 1904.
Appeal from District Court, Decatur County; H. M. Towner, Judge.
Defendant was indicted with Richard Pray and Port Woodard for the larceny of five steers and one cow belonging to one Jerry Moran. Richard Pray, being first tried, was acquitted. Greenland was then tried and convicted, and sentenced to imprisonment in the penitentiary for the term of three years. From this sentence the defendant appeals. Affirmed.
[100 N.W. 341]
V. R. McGinnis, G. W. Baker, and Hoffman & Jackson, for appellant.
Chas. W. Mullan, Atty. Gen., Lawrence De Graff, Asst. Atty. Gen., and A. P. Olsen, Co. Atty., for the State.
McCLAIN, J.
The evidence of defendant's guilt relied on by the prosecution was wholly circumstantial, but tended to show that the other two persons indicted jointly with him were in his employment, and acted under his direction in taking at least three animals--two steers and one cow--belonging to Jerry Moran, on the morning of July 26, 1902, from a pasture in which they were kept with other animals belonging to said Jerry Moran and his brother Dennis Moran, about 2 1/2 miles north of defendant's home, and driving them along the highway to defendant's home about 5 o'clock in the morning, and putting them in with other cattle which were after breakfast on that morning driven eastward from defendant's home to the town of Van Wert, where they were loaded into a car and shipped to Chicago; the car having been engaged beforehand by Greenland. The evidence further tended to show that at the Chicago Stock Yards the cow was sold for Greenland, to be slaughtered, and the two steers, with other steers, were sold to a commission firm, from whom these two steers were purchased by an agent for one Leatherman, and shipped to him, at Rockville, Ind., where they were found by Dennis Moran and brought
[100 N.W. 342]
back to Decatur county, the county of defendant's residence. The two steers which were brought back from Indiana were identified by Jerry Moran and Dennis Moran as two of the steers which had disappeared from their pasture, and other witnesses testified as to the similarity of marks of these two steers with the marks of the steers which had disappeared from the pasture. Many witnesses were introduced by the prosecution, whose testimony, as it was claimed, tended to identify these two steers as animals taken from the Moran pasture, and driven with the other cattle from defendant's place to Van Wert, and shipped to Chicago.
It will be impossible to discuss the testimony in detail. It is contended for defendant that the case should have been taken from the jury, and a verdict directed for the defendant, on the ground that there is no evidence that these two animals, nor any others, were taken from the Moran pasture by the defendant, or under his direction. It is enough to say that the weight and sufficiency of the evidence was for the jury,...
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State v. Traas, No. 45565.
...upon their consideration. State v. Wrenn, 194 Iowa 552, 564, 188 N.W. 697;State v. Dietz, 162 Iowa 332, 143 N.W. 1080;State v. Greenland, 125 Iowa 141, 100 N.W. 341; State v. Hessenius, supra; State v. Woodruff, supra, 208 Iowa 236, 245, 225 N.W. 254. [9] While the error of the trial court ......
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State v. Weaver, No. 31557.
...supra; State v. Roscum, 119 Iowa, 331, 93 N. W. 295;Hammer v. Janowitz, 131 Iowa, 20, 108 N. W. 109;State v. Greenland, 125 Iowa, 141, 100 N. W. 341;State v. Moon, 167 Iowa, 26, 148 N. W. 1001. While the right of appeal upon the part of the state is doubtless a valuable one, the effect of a......
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State v. Heath, No. 43990.
...and sufficiency of the evidence is for the determination of the jury. State v. Sampson, 220 Iowa 142, 261 N.W. 769;State v. Greenland, 125 Iowa 141, 100 N.W. 341;State v. Schenk, 220 Iowa 511, 262 N.W. 129;State v. Manly, 211 Iowa 1043, 233 N.W. 110;State v. Pray, 126 Iowa 249, 99 N.W. 1065......
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Allen v. Railway Company, No. 29215.
...Ry. Co., 228 S.W. 530; Pitt v. Bishop, 53 Mo. App. 603; State v. Murray, 292 S.W. 437; State v. Parsons, 285 S.W. 415; State v. Greeland, 100 N.W. 341; State v. Webster, 36 So. 584; State v. Lindsey, 36 S.E. 62; West Chicago St. Ry. Co. v. Huhuke, 82 Ill. App. 404; State v. Whitesides, 21 S......
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State v. Traas, No. 45565.
...upon their consideration. State v. Wrenn, 194 Iowa 552, 564, 188 N.W. 697;State v. Dietz, 162 Iowa 332, 143 N.W. 1080;State v. Greenland, 125 Iowa 141, 100 N.W. 341; State v. Hessenius, supra; State v. Woodruff, supra, 208 Iowa 236, 245, 225 N.W. 254. [9] While the error of the trial court ......
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State v. Weaver, No. 31557.
...supra; State v. Roscum, 119 Iowa, 331, 93 N. W. 295;Hammer v. Janowitz, 131 Iowa, 20, 108 N. W. 109;State v. Greenland, 125 Iowa, 141, 100 N. W. 341;State v. Moon, 167 Iowa, 26, 148 N. W. 1001. While the right of appeal upon the part of the state is doubtless a valuable one, the effect of a......
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State v. Heath, No. 43990.
...and sufficiency of the evidence is for the determination of the jury. State v. Sampson, 220 Iowa 142, 261 N.W. 769;State v. Greenland, 125 Iowa 141, 100 N.W. 341;State v. Schenk, 220 Iowa 511, 262 N.W. 129;State v. Manly, 211 Iowa 1043, 233 N.W. 110;State v. Pray, 126 Iowa 249, 99 N.W. 1065......
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State v. Moon, No. 29446.
...135 Iowa, 270, 112 N. W. 634, 14 Ann. Cas. 443;Hammer v. Janowitz, 131 Iowa, 25, 108 N. W. 109;State v. Greenland, 125 Iowa, 145, 100 N. W. 341. In the Roscum Case, supra, where the prosecutor, after a ruling excluding evidence tending to show other offenses than the one on which the defend......