State v. Hurd, 52342

Decision Date10 January 1967
Docket NumberNo. 52342,52342
Citation260 Iowa 184,147 N.W.2d 895
PartiesSTATE of Iowa, Appellee, v. Dale Eugene HURD, Appellant.
CourtIowa Supreme Court

William D. Guthrie, Webster City, for appellant.

Lawrence F. Scalise, Atty. Gen., David A. Elderkin, Asst. Atty. Gen., and Dewayne A. Knoshaug, Clarion, for appellee.

STUART, Justice.

Defendant pleaded guilty to the charge of manslaughter. He was sentenced to not exceeding eight years in the penitentiary. The charge arose out of a one car automobile accident in which the defendant's wife was killed. He fled the scene. It was claimed defendant was intoxicated.

The accident occurred during the late hours of February 16, 1966. R. Ralph Austin, Clarion attorney, represented defendant at the preliminary hearing at 10:00 a.m. on February 17. On February 18, a county attorney's information was filed and at a hearing at 3:00 p.m. the same day, defendant was arraigned, pleaded guilty and was sentenced. Mr. Austin was appointed by the court at defendant's request to represent him at these proceedings.

I. Defendant claims his constitutional right to due process of law was violated by the court's improvident acceptance of the guilty plea. It is urged defendant must have been in an alcoholic depression and deep shock following the death of his wife and that remorse prevented calm, intelligent and deliberate judgment in entering the plea of guilty.

Perhaps it would have been advisable to postpone the plea until a later date, but the taking of a guilty plea and the imposing of a sentence under the circumstances here did not violate defendant's right to due process of law. He was represented by competent counsel at all times and was thoroughly advised of his rights. There was no claim of coercion. Counsel made a plea for leniency following the entry of the guilty plea. The court, before sentence, addressed the defendant. The record shows: 'The Court then directed the Defendant to stand up and stated that he had already accepted Hurd's plea of guilty and stated that since this comes at a short time after the accident he wanted to know if Hurd was sure he wanted to have sentence pronounced at the time. The Defendant answered 'Yes'. The Court then inquired whether he had thought it over thoroughly and the Defendant again said 'Yes'. The Court asked if he had had plenty of advice from his attorney and whether he knew the possible punishment and the Defendant answered in the affirmative. The Court then asked if this is the procedure that the Defendant desired and the Defendant answered in the affirmative. The Court then asked if there was any reason why he Court should not pronounce sentence, and the Defendant said 'No'.' If under these circumstances defendant with counsel present...

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6 cases
  • Ashby v. Haugh
    • United States
    • United States State Supreme Court of Iowa
    • July 11, 1967
    ...here, is not a denial of due process of law or ground for relief in habeas corpus. State v. Kohl, Iowa, 149 N.W.2d 198, 200; State v. Hurd, Iowa, 147 N.W.2d 895; State v. Clark, supra, 258 Iowa 254, 138 N.W.2d 120, 123; Bennett v. Bradley, 216 Iowa 1267, 1269, 249 N.W. 651. The first three ......
  • State v. Allison
    • United States
    • United States State Supreme Court of Iowa
    • January 10, 1967
  • State v. Medina, 53239
    • United States
    • United States State Supreme Court of Iowa
    • March 11, 1969
    ...the above statutes and is therefore deemed waived. State v. Gute, 252 Iowa 294, 297, 106 N.W.2d 417, 418 and citations; State v. Hurd, 260 Iowa 184, 147 N.W.2d 895, 896. Further, we have held many times it is not reversible error to refuse to direct a verdict of not guilty at the close of t......
  • State v. Kohl
    • United States
    • United States State Supreme Court of Iowa
    • March 7, 1967
    ...a plea of guilty. The question here posed was resolved in State v. Bastedo, 253 Iowa 103, 111, 111 N.W.2d 255. See also State v. Hurd, Iowa, 147 N.W.2d 895, 896; State v. Clark, 258 Iowa 254, 138 N.W.2d 120, 123; Kercheval v. United States, 274 U.S. 220, 223--224, 47 S.Ct. 582, 583, 71 L.Ed......
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