State v. McKenzie, No. 38804.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtALBERT
Citation204 Iowa 833,216 N.W. 29
PartiesSTATE v. MCKENZIE.
Decision Date15 November 1927
Docket NumberNo. 38804.

204 Iowa 833
216 N.W. 29

STATE
v.
MCKENZIE.

No. 38804.

Supreme Court of Iowa.

Nov. 15, 1927.


Appeal from District Court, Washington County; Chas. A. Dewey, Judge.

Defendant was indicted for operating an automobile upon a public highway while in an intoxicated condition. From a verdict of conviction, and sentence thereon, defendant appeals. Reversed.

[216 N.W. 29]

Eardley Bell, Jr., of Wellman, and Edmund D. Morrison, of Washington, Iowa, for appellant.

John Fletcher, Atty. Gen., Neill Garrett, Asst. Atty. Gen., and A. E. Baldrige, Co. Atty., of Washington, Iowa, for the State.


ALBERT, J.

At the close of the state's case, the defendant made a motion for a directed verdict on the ground of insufficiency of testimony to carry the case to the jury, and this motion was renewed at the end of all the testimony. The overruling of this motion, and a motion for a new trial based on the same grounds, is the only question raised in the case.

[216 N.W. 30]

[1] Summarized, the defendant's contention is: First, that there was insufficient testimony to take the case to the jury; and, second, that the verdict is clearly against the weight of the testimony. The Code (section 13944, Code 1924) provides grounds for a new trial, among which are: “(6) When the verdict is contrary to law or evidence.” Under this section we have announced the following rule: Where the verdict is clearly against the weight of evidence, a new trial should be granted. State v. Reinheimer, 109 Iowa, 624, 80 N. W. 669;State v. Sullivan, 156 Iowa, 603, 137 N. W. 918;State v. Saling, 177 Iowa, 552, 159 N. W. 255;State v. Carson, 185 Iowa, 568, 170 N. W. 781.

[2] This court will interfere more readily with a verdict, because contrary to the weight of evidence, in a criminal case than in a civil case. State v. Reinheimer, supra; State v. Tomlinson, 11 Iowa, 401;State v. Wise, 83 Iowa, 596, 50 N. W. 59;State v. Beasley, 84 Iowa, 83, 50 N. W. 570;State v. Pilkington, 92 Iowa, 92, 60 N. W. 502. We have further said in civil cases that, where a verdict is clearly against manifest justice and contrary to the evidence in the case, it is the duty of the trial court to unhesitatingly set it aside. Fawcett v. Woods, 5 Iowa, 400;Smith v. Williams, 23 Iowa, 28;Scott v. Morse, 54 Iowa, 732, 6 N. W. 68, 7 N. W. 15;Baldwin v. St. Louis, Keokuk & N. W. Ry. Co., 63 Iowa, 210, 18 N. W. 884. To meet the above pronouncement the appellee cites State v. Kendall, 200 Iowa, 483, 203 N. W. 806;State v. Giles, 200 Iowa, 1232, 206 N. W. 133, 42 A. L. R. 1496. In the Kendall Case the state introduced direct testimony from various witnesses as to the demeanor and conduct of the defendant, and these witnesses also testified that in their opinion the defendant was intoxicated. This exact condition existed in the Giles Case, above cited. In both cases we said that the question of the condition of the defendant was a disputed question for the jury, and the court would not interfere.

[3] Turning, now, to the instant case, we find the...

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14 practice notes
  • State v. Traas, No. 45565.
    • United States
    • United States State Supreme Court of Iowa
    • June 17, 1941
    ...177 Iowa 552, 159 N.W. 255;State v. Pilkington, 92 Iowa 92, 60 N.W. 502;State v. King, 198 Iowa 325, 334, 197 N.W. 981;State v. McKenzie, 204 Iowa 833, 216 N.W. 29;State v. Carlson, 224 Iowa 1262, 276 N.W. 770;State v. Hessenius, 165 Iowa 415, 434, 146 N.W. 58, L.R.A.1915A, 1078. The distri......
  • State v. Franklin, No. 47622
    • United States
    • United States State Supreme Court of Iowa
    • March 6, 1951
    ...Iowa 596, 50 N.W. 59; State v. Reinheimer, 109 Iowa 624, 80 N.W. 669; State v. Saling, 177 Iowa 552, 159 N.W. 255, and State v. McKenzie, 204 Iowa 833, 216 N.W. 29. The facts in each of these cases were so much more favorable to the respective defendants, than are the facts in this case wit......
  • State v. Register, No. 50381
    • United States
    • United States State Supreme Court of Iowa
    • January 9, 1962
    ...State v. French, 240 Iowa 1, 35 N.W.2d 1; State v. Thompson, 239 Iowa 907, 33 N.W.2d 13, (see dissenting opinion); and State v. McKenzie, 204 Iowa 833, 216 N.W. 29. The conflict of testimony here and our view of it corresponds with the case of State v. Carlson, 224 Iowa 1262, 276 N.W. 770, ......
  • State v. Thompson, No. 47153.
    • United States
    • United States State Supreme Court of Iowa
    • June 15, 1948
    ...Wilson, 234 Iowa 60, 11 N.W.2d 737;State v. Hiatt, 231 Iowa 499, 1 N.W.2d 664.State v. Crandall, 227 Iowa 311, 288 N.W. 85; v. McKenzie, 204 Iowa 833, 216 N.W. 29;State v. King, 198 Iowa 325, 197 N.W. 981. The record shows the following facts: Appellant, who resides in Des Moines and is emp......
  • Request a trial to view additional results
14 cases
  • State v. Traas, No. 45565.
    • United States
    • United States State Supreme Court of Iowa
    • June 17, 1941
    ...177 Iowa 552, 159 N.W. 255;State v. Pilkington, 92 Iowa 92, 60 N.W. 502;State v. King, 198 Iowa 325, 334, 197 N.W. 981;State v. McKenzie, 204 Iowa 833, 216 N.W. 29;State v. Carlson, 224 Iowa 1262, 276 N.W. 770;State v. Hessenius, 165 Iowa 415, 434, 146 N.W. 58, L.R.A.1915A, 1078. The distri......
  • State v. Franklin, No. 47622
    • United States
    • United States State Supreme Court of Iowa
    • March 6, 1951
    ...Iowa 596, 50 N.W. 59; State v. Reinheimer, 109 Iowa 624, 80 N.W. 669; State v. Saling, 177 Iowa 552, 159 N.W. 255, and State v. McKenzie, 204 Iowa 833, 216 N.W. 29. The facts in each of these cases were so much more favorable to the respective defendants, than are the facts in this case wit......
  • State v. Register, No. 50381
    • United States
    • United States State Supreme Court of Iowa
    • January 9, 1962
    ...State v. French, 240 Iowa 1, 35 N.W.2d 1; State v. Thompson, 239 Iowa 907, 33 N.W.2d 13, (see dissenting opinion); and State v. McKenzie, 204 Iowa 833, 216 N.W. 29. The conflict of testimony here and our view of it corresponds with the case of State v. Carlson, 224 Iowa 1262, 276 N.W. 770, ......
  • State v. Thompson, No. 47153.
    • United States
    • United States State Supreme Court of Iowa
    • June 15, 1948
    ...Wilson, 234 Iowa 60, 11 N.W.2d 737;State v. Hiatt, 231 Iowa 499, 1 N.W.2d 664.State v. Crandall, 227 Iowa 311, 288 N.W. 85; v. McKenzie, 204 Iowa 833, 216 N.W. 29;State v. King, 198 Iowa 325, 197 N.W. 981. The record shows the following facts: Appellant, who resides in Des Moines and is emp......
  • Request a trial to view additional results

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