State v. Masters, 52719
Decision Date | 14 November 1967 |
Docket Number | No. 52719,52719 |
Parties | STATE of Iowa, Appellee, v. Florence Eva MASTERS, Appellant. |
Court | Iowa Supreme Court |
Marlyn S. Jensen, Des Moines, for appellant.
Richard C. Turner, Atty. Gen., William A. Claerhout, Asst. Atty. Gen., and Ron Kuntz, Asst. County Atty., for appellee.
Except for the integrity of the judicial process it would be difficult to justify this appeal. Involved is a fine of $25 imposed in municipal court following a finding of guilty of shoplifting merchandise valued at 54 cents.
The printed record before us includes 65 pages of verbatim questions and answers with no attempt to abstract. It appears to be a complete copy of the reporter's transcript and contains many pages of matter immaterial to appellate review. We disapprove of such procedure.
The record is so replete with repetitious questions that the impatience of the trial judge can be explained. However, we cannot approve the way in which cross-examination was summarily curtailed.
Defendant was charged in municipal court with shoplifting in violation of section 709.20, Code of Iowa. She pleaded not guilty, was tried before the court without the aid of a jury and found guilty.
Just before noon on April 10, 1967 defendant was shopping in the grocery and home center department of Hinky Dinky Market. She selected and placed in her shopping cart over $12 worth of merchandise. A clerk who was watching her testified that he saw her select two After an objection the witness continued:
The items were identified and received in evidence. Their value was stated to total 54 cents.
The witness who had watched defendant from a lookout testified at some length and in detail as to defendant's actions while shopping. He said defendant closed her purse after placing the deodorizers therein. The clerk called the store manager. The manager and clerk stopped defendant as she was on the electric mat that opens the outside door. The manager testified:
'* * *
Defendant, testifying in her own behalf, testified at length as to her occupation, assets, health, previous surgery, worry about being chased while going home from work at night, and her surprise when she realized that she had not paid for the two small items. She said that she had placed the deodorizers in her open purse to keep them away from her groceries. She said she forgot them while checking out and that when she realized her mistake she intended to go back, buy stamps and then pay for the deodorizers. She denied any intent to steal.
In connection with the cross-examination of the clerk (a state's witness) we find no objections by counsel for the state but this record appears:
'(Witness excused.)'
I. There was ample evidence to support a finding of guilty and the sufficiency of the evidence has not been challenged.
II. Because of the small value of the merchandise taken the offense charged here was a misdemeanor.
Section 709.20, Code of Iowa, makes it a crime to willfully take possession of merchandise with intention of converting the same without paying therefor.
Intent, which is an element of the offense, is a matter difficult to prove or disprove by direct evidence. It is ordinarily a conclusion drawn from the circumstances surrounding the act.
In the case before us exploration of the acts and conversations when defendant was stopped at the door of the store should have been permitted. We do not know what further questions might have been asked or what answers might have been given. We are not even suggesting that further...
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