State v. McDonald
Decision Date | 27 September 1971 |
Docket Number | No. 54436,54436 |
Citation | 190 N.W.2d 402 |
Court | Iowa Supreme Court |
Parties | STATE of Iowa, Appellee, v. Lena Veronica McDONALD, Appellant. |
Ralph J. Bellizzi, Des Moines, for appellant.
Richard C. Turner, Atty. Gen., Richard N. Winders, Asst. Atty. Gen., and Ray A. Fenton, County Atty., for appellee.
On trial to the court defendant, Lena Veronica McDonald, was found guilty and ordered to pay a $25 fine or serve two days in jail for failure to leave her name and address on an automobile with which her car had collided. She has appealed. We affirm.
Code section 321.264 provides:
Under defendant's claim of insufficient evidence we interpret the facts in the light most favorable to the State. The record discloses that as Lucille F. Morley came out of the Safeway store on Southwest Ninth Street in Des Moines about 4 p.m. March 25, 1970 she saw a lady (on trial identified as defendant) back her car into the middle of the Morley dark green automobile and start to drive away. Mrs. Morley rushed to her car and observed the left back door had been dented. When defendant saw Mrs. Morley taking her license number defendant started backing up but then drove away. Shortly thereafter Mrs. Morley's husband reported the incident to the police and gave them the automobile license number.
Cross-examination of Mrs. Morley by defendant's trial counsel, Mr. Shephard, includes:
Police officer Joseph Dunham was assigned to investigate the reported incident. He went to defendant's Des Moines residence the same afternoon and parked his police car in the driveway near the door of defendant's mobile home.
The trial transcript includes the following:
'Q. Then what happened, sir? A. I went up to the door, and I knocked on the door, and Mrs. McDonald came to the door. She came outside the trailer with a handful of dog food. I asked her if she had been driving her car approximately 4 p.m. that date.
'A. I asked her if she had been driving her car on that date in the area of SW Ninth and Leland, the Safeway Food Store parking lot. She stated that she had been driving her car in that area at approximately that time.
'Q. Then what happened? A. I asked her if she had been involved in an accident. At that time she yelled very loud, I then asked her for her operator's license. She went into the trailer, came back out with a purse. It was raining, snowing, cold at the time. I asked her to have a seat in the back of the police car so I could investigate the accident. This she did.
It was defendant's statutory duty to display her operator's license upon officer Dunham's demand. Code section 321.190.
Officer Dunham testified he observed dark green paint on the rear bumper of automobile owned by defendant and her husband.
I. Defendant asserts the objection set out above should have been sustained. We do not agree. The record clearly shows it was made to an investigatory question propounded at...
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