State v. Logli

• Decision Date: 01 July 1927
• Docket Number: 37872
• Parties: STATE OF IOWA, Appellee, v. JOHN LOGLI, Appellant
• Court: Iowa Supreme Court

214 N.W. 490

204 Iowa 116

STATE OF IOWA, Appellee, v. JOHN LOGLI, Appellant

No. 37872

Supreme Court of Iowa, Des Moines

July 1, 1927

Appeal from Polk District Court.--JOSEPH E. MEYER, Judge.

Prosecution for the maintenance of a liquor nuisance. The indictment charged the commission of the offense on or about October 1 1925. It also charged the defendant with two former convictions for the same offense. There was a general verdict, finding the defendant guilty, and special findings to the effect that he had before been twice convicted of a like offense. The court entered judgment of imprisonment in the penitentiary for the term of three years. The defendant has appealed.

Reversed.

Walter F. Maley, for appellant.

John Fletcher, Attorney-general, E. F. Wisdom, Assistant Attorney-general, Vernon R. Seeburger, and Clarence I Spencer, for appellee.

OPINION

EVANS C. J.

The appellant presents a large number of assigned errors. The most serious question we find presented thereby is that which pertains to the special findings of former convictions. The indictment charged the former convictions to have been had on May 9, 1922, and on March 11, 1924. The State introduced in evidence the records of the Polk County district court, showing convictions on such respective dates of one John Logli. It introduced no proof other than the records themselves of the identity of the present defendant with the defendant named in the former prosecutions. The nearest approach to such proof was the following examination of the witness Hicks. Objections and rulings of the court being omitted, such examination was as follows:

"I don't know exactly where John Logli lived, prior to the place where he now lives. He lived at or near Burwick, through the year 1923 and part of 1924. Q. State, if you know of your own knowledge, whether or not that is the place where he lived when these previous cases arose. A. On one occasion I know it, but not on the other occasion. Q. Which one do you know about? A. The raid in 1923. Q. Do you identify this defendant here as being the man who lived at that place at that time? A. I do.

Cross-examination by Walter F. Maley.

"I was on a raid at the home of defendant at Burwick around the summer of 1923. I did not appear before the grand jury, because there was nothing found at the time I was there."

In State v. Smith, 129 Iowa 709, 106 N.W. 187, it was held definitely that the record of the former conviction was not, of itself, sufficient proof of identity of the instant defendant with the defendant named in the former conviction even though there...