State v. Jacobsmeier, No. 45261.
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | OLIVER |
| Citation | 229 Iowa 878,294 N.W. 920 |
| Parties | STATE v. JACOBSMEIER. |
| Decision Date | 10 December 1940 |
| Docket Number | No. 45261. |
229 Iowa 878
294 N.W. 920
STATE
v.
JACOBSMEIER.
No. 45261.
Supreme Court of Iowa.
Dec. 10, 1940.
Appeal from District Court, Lee County; James S. Burrows, Judge.
Defendant was charged with reckless driving. Upon trial to the court he was convicted and has appealed. Opinion states the facts.
Reversed.
[294 N.W. 921]
Herminghausen & Herminghausen, of Fort Madison, for appellant.
John M. Rankin, Atty. Gen., R. N. Johnson, Jr., Co. Atty., of Fort Madison, and Jens Grothe, Asst. Atty. Gen., for appellee.
OLIVER, Justice.
Upon trial to the court J. C. Jacobsmeier was convicted of the crime of reckless driving. He appeals. The alleged offense occurred during the night of March 18, 1939. Appellant was driving his automobile along a paved highway, about 18 feet wide, and was ascending a hill outside the city limits of Fort Madison. While rounding a right curve or turn the car struck and injured Robert Miller, who, with his uncle, Arthur Miller, was walking along the pavement in the same direction the car was traveling. The only damage to the car was a dent in the left front fender.
Because of the turn the headlights did not shine upon these pedestrians for any appreciable time immediately before Robert was struck, although the lights had shone upon them previously as the car rounded a left curve near the foot of the hill. Robert and Arthur testified they were walking abreast near the left edge of the pavement; that, as the car approached, Robert walked a step or two directly behind Arthur; that Arthur said, “Maybe that is somebody we know and we will get a ride”; and that an instant thereafter Robert was struck. Robert was thrown forward and lay at the edge of the pavement about 10 feet in front of Arthur, who was not touched by the car or by Robert's body. Arthur estimated the speed of the car, as it passed him, at 60 miles per hour.
Three men passengers were riding in appellant's car. None of them saw Robert at or just prior to the time he was struck. They testified appellant was attending to his driving and that the car was, at the time, traveling 35 or 40 miles per hour on the right side of the pavement. One passenger testified that 15 seconds previously he had noticed the two men walking along the center of the pavement some distance ahead of the car as the headlights temporarily shone on them. He also testified, “I was so sure that the car would not strike them going 35 to 40 miles an hour, and it was so casual that I turned back to talk to the other boys.”
Appellant testified, “As I approached the curve my lights were shining out northwest and came around as I made the turn. They didn't shine up the road at...
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State v. Hill, No. 47105.
...27 Ala.App. 202, 169 So. 21;State v. Mickle, 194 N.C. 808, 140 S.E. 150;State v. Lyon, 59 N.D. 374, 230 N.W. 1. State v. Jacobsmeier, 229 Iowa 878, 294 N.W. 920, cited by defendant, seems to be the only prosecution under what is now section 321.283 to have reached this court. The facts in t......
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State v. Camera.
...‘reckless indifference to the safety of others which supplies the criminal intent necessary to warrant conviction.’ State v. Jacobsmeier, 229 Iowa 878, 880, 294 N.W. 920, 922. But the mental state which characterizes reckless misconduct is of a very different nature from that which, by reas......
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Banghart v. Meredith, No. 45315.
...of the driver of an approaching vehicle but he may assume such driver will obey the law until he knows or should have known otherwise. [294 N.W. 920]Here both cars were traveling at moderate speeds at the time the Ford started to turn. Under all the circumstances, we think the proposition o......
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State v. Handy, No. 45855.
...209 Iowa 555, 228 N.W. 80;State v. Richardson, 216 Iowa 809, 249 N.W. 211; State v. Graff, 228 Iowa 159, 290 N.W. 97;State v. Jacobsmeier, 229 Iowa 878, 294 N.W. 920. State v. Graff, supra, analyzes all the earlier cases, none of which supports a conviction on a record like that before us. ......
-
State v. Hill, No. 47105.
...27 Ala.App. 202, 169 So. 21;State v. Mickle, 194 N.C. 808, 140 S.E. 150;State v. Lyon, 59 N.D. 374, 230 N.W. 1. State v. Jacobsmeier, 229 Iowa 878, 294 N.W. 920, cited by defendant, seems to be the only prosecution under what is now section 321.283 to have reached this court. The facts in t......
-
State v. Camera.
...‘reckless indifference to the safety of others which supplies the criminal intent necessary to warrant conviction.’ State v. Jacobsmeier, 229 Iowa 878, 880, 294 N.W. 920, 922. But the mental state which characterizes reckless misconduct is of a very different nature from that which, by reas......
-
Banghart v. Meredith, No. 45315.
...of the driver of an approaching vehicle but he may assume such driver will obey the law until he knows or should have known otherwise. [294 N.W. 920]Here both cars were traveling at moderate speeds at the time the Ford started to turn. Under all the circumstances, we think the proposition o......
-
State v. Handy, No. 45855.
...209 Iowa 555, 228 N.W. 80;State v. Richardson, 216 Iowa 809, 249 N.W. 211; State v. Graff, 228 Iowa 159, 290 N.W. 97;State v. Jacobsmeier, 229 Iowa 878, 294 N.W. 920. State v. Graff, supra, analyzes all the earlier cases, none of which supports a conviction on a record like that before us. ......