State v. Neville
| Decision Date | 22 November 1940 |
| Docket Number | No. 45205.,45205. |
| Citation | 293 N.W. 560,228 Iowa 1225 |
| Parties | STATE v. NEVILLE. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Dallas County; W. S. Cooper, Judge.
Defendant was indicted for and convicted of the crime of manslaughter committed by the reckless operation of an automobile.
On defendant's appeal the judgment is affirmed.
Royal & Royal and Xen Q. Lindel, all of Des Moines, for appellant.
Fred D. Everett, Atty. Gen., Jens Grothe, Asst. Atty. Gen., and Charles I. Joy, Co. Atty., of Perry, for appellee.
The collision resulting in the death of P. A. Andersen occurred about six thirty o'clock in the morning of September 2, 1938, on Highway No. 6, about a mile east of the town of Dexter, in Dallas County, Iowa. He had left Omaha about 4 o'clock that morning in his automobile accompanied by his son and the latter's wife and their child. As the car, traveling close to the right edge of the pavement, approached a bend in the road which curved to the left and north, its occupants observed the defendant's car just entering the north entrance of the curve. It was traveling an irregular course, and as it began to round the curve it skidded off and to the left or south side of the pavement, and then it swerved across the pavement to the right hand side, and then back again to the left or south side of the pavement, where it whirled about facing east and the rear of the car struck the front of the deceased's car, which had come almost to a stop. Mr. Andersen was crushed against the steering wheel and received injuries from which he died on the second day thereafter. Twelve witnesses testified that in their judgment the defendant was intoxicated, and the matters which they detailed with respect to his disheveled appearance, bloodshot eyes, staggering walk, incoherent, senseless talk, intoxicating liquor laden breath, and his general conduct, most fully support the opinions which they expressed. Lewis Hill and wife were traveling on this highway between Waukee and Adel. About five miles west of Adel, at about 5:30 o'clock that morning, they met the defendant driving west. His car was zigzagging back and forth across the paving, so that Hill drove his car on to the shoulder of the paved road. They observed him continue on past them with his car weaving back and forth. He was next seen at a service station in Adel about six o'clock that morning. He there asked each of two witnesses to drive him to Omaha. His drunken condition was such that one of them advised him not to try to drive but to get in his car and sleep. He got in his car and drove away in a manner which was some indication of his unfitness to drive. Adel is fifteen miles from the place of collision.
The State called in rebuttal a witness who had testified before the grand jury. There he had testified that he knew the defendant and had been acquainted with him for a year and a half; that he came into an inn, where the witness was working as a waiter, about two o'clock in the morning of the collision, and had two or three spiked beers and three whiskey highballs; that he left the place shortly after four o'clock that morning as it was being closed; that he was wobbly on his feet and was intoxicated; that he had a bull dog with him in his car (he had a bull dog in his car at the collision); that one of the owners of the place helped him into his car, questioned him about his ability to drive, and told him not to drive but to rest awhile in the car; that when he last saw him he was seated in the car with his head on the steering wheel. When the State put this witness on the stand at the trial, he testified that he did not know the defendant at all. To refresh the memory of the witness, the County Attorney showed him the minutes of his testimony before the grand jury, setting out the matters above stated. He admitted that he so testified and had signed...
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