State v. Kress
| Decision Date | 15 November 1927 |
| Docket Number | No. 37672.,37672. |
| Citation | 216 N.W. 31,204 Iowa 828 |
| Parties | STATE v. KRESS. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Polk County; Hubert Utterback, Judge.
Defendant was tried on an indictment charging robbery with a deadly weapon. He was found guilty as charged, and judgment was entered in conformity to law. Defendant appeals. Affirmed.Holly & Holly, of Des Moines, for appellant.
John Fletcher, Atty. Gen., and Neill Garrett, Asst. Atty. Gen., for the State.
DE GRAFF, J.
On the evening of October 23, 1924, about 8:30 o'clock, one H. D. Fisher, when in front of his home located at 3000 High street, Des Moines, was suddenly and peremptorily ordered to “stick them up,” which command was emphasized by the pressure of a revolver into his back. Two men were responsible for the incident in question. On this occasion Fisher was relieved of his money.
The robbery was immediately reported by Fisher to the police department, and a description of the two men was given. Subsequently Fisher was called to the office of the city detective to identify two suspects under arrest. He concluded these were not the men. Later he was again called to the police station to identify two other men that were held in custody. At this time he did identify the suspects as the men who had accosted and robbed him on the evening in question. These two men were the defendant, Glenn Kress, and one Forest West.
On the day following the identification, Kress, in the presence of several police officers, signed the following statement:
February 7, 1925.
My name is Glenn Kress, and state that I and Forest West went out on the west end and held up a man named H. D. Fisher, 3000 High street, and we got $5.75 cash. We split this money 50–50. This robbery was about 8 or 8:30 p. m. I don't remember whether we walked out to this place or took a street car out. I went through Fisher's pockets while West held a gun on him. This was the first stick up job I ever pulled. How I know Fisher was the man we held up was I read about the holdup the next day in the newspapers.
[Signed] Glenn Kress.
Witnesses: R. E. Clarkson.
S. E. Delmage.
Enoch Nichols.”
West also made a confession to certain officers of his participation in this crime. It is also shown that Kress had, prior to the time of this robbery, been convicted of assault to do great bodily injury.
With this brief review of the factual side of this case we inquire what errors are relied upon by appellant for a reversal?
[1][2] 1. The first challenge is directed to the sufficiency of the evidence to sustain the verdict. This point deserves but brief notice. There was evidence which, if believed by the jury, warranted the verdict of guilty. A verdict under such circumstances will not be disturbed on appeal. This court will not substitute its conclusion upon the facts for the verdict of the jury, unless from the entire record it appears that there is such a want of support for the finding as will require reversal. State v. Derry, 202 Iowa, 352, 209 N. W. 514;State v. King, 198 Iowa, 325, 197 N. W. 981.
The identification of the defendant presented a fact question. State v. Kelly, 202 Iowa, 729, 210 N. W. 903. Whether the defendant signed the statement of confession by reason of any direct or implied promise or hope of reward, or because of compulsion, threats, duress, intimidation, coercion, or fraud, also presented a fact question. These matters were fully submitted to the jury in unchallenged instructions.
[3] 2. It is next urged that the verdict was the result of passion and prejudice, and consequently the defendant did not receive a fair and impartial trial. We find no basis whatever upon which to predicate this claim. Appellant filed his motion for a new trial, to which was attached the affidavits of two sisters of the defendant. In each of these affidavits it is recited that the sisters were in the restroom in the courthouse while the jury was deliberating on the case; that there seemed to be considerable confusion and loud talking during the deliberation of the jury, as though the members of the jury were on the verge of quarreling, and that purported statements and opinions of some of the jurors, bearing on the evidence, are recited in said affidavits.
A verdict may not be impeached by affidavits relative to matters which inhere in the verdict. State v. Snyder, 185 Iowa, 728, 171 N. W. 8;State v. Nott, 168 Iowa, 617, 149 N. W. 79;State v. Tyler, 122 Iowa, 125, 97 N. W. 983;State v. Quinton, 59 Iowa, 362, 13 N. W. 328.
[4] 3. Error is predicated on the admission of rebuttal testimony offered by the state to meet certain testimony of witnesses for the defendant with relation to physical force used against one Shepherd to secure a confession from him about the time that the defendant, Kress, was a county jail inmate. The Shepherd incident in the first instance found lodgment in the record by reason of the cross–examination of certain police officers, called as witnesses by the state, to identify the confession of the defendant, Kress, and the circumstances under which it was made, signed, and witnessed.
When the...
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