State v. Osmundson
| Citation | 241 N.W.2d 892 |
| Decision Date | 19 May 1976 |
| Docket Number | No. 58716,58716 |
| Parties | STATE of Iowa, Appellee, v. Lynn William OSMUNDSON, Appellant. |
| Court | United States State Supreme Court of Iowa |
Reynolds, Nutty, Smith & Sharp, Ames, for appellant.
Richard C. Turner, Atty. Gen., David L. Brown, Asst. Atty. Gen., and Ruth R. Harkin, County Atty., for appellee.
Submitted to REYNOLDSON, Acting C.J. and LeGRAND, REES, UHLENHOPP and McCORMICK, JJ.
In this appeal we review rulings of the trial court made in a prosecution for delivery of a controlled substance. § 204.401(1), Code 1975.
I. The first paragraph of the trial court's two-paragraph instruction on reasonable doubt was in usual form, but the second paragraph stated:
If the State's evidence establishes the guilt of the defendant to a moral certainty in your minds, to such a certainty as you would act upon in a matter of the highest importance to yourselves, then you are convinced beyond a reasonable doubt; but if upon a full and fair consideration of all the evidence, Or lack of evidence in the case, your minds waver and do not settle down to an abiding conviction of the guilt of the defendant, then you are not satisfied beyond a reasonable doubt and you should return a verdict of acquittal. (Italics added.)
Defense counsel excepted to the instruction 'because it states that--I'm referring to line 14, that reasonable doubt can arise in the eyes of the jurors from a lack of evidence in the case. Now, our objection is, that the instruction should read, 'Of evidence produced by the State in the case."
The trial court gave the instruction as we have quoted it, notwithstanding the exception.
This was error. State v. Boyken, 217 N.W.2d 218 (Iowa); State v. McGranahan, 206 N.W.2d 88 (Iowa).
II. The county attorney's information charged that defendant delivered marijuana to an undercover officer. The trial court's Instruction 6, enumerating the propositions the State had to establish, stated that the jury was warranted in finding defendant guilty as charged if the State proved beyond a reasonable doubt:
(1) That the defendant, Lynn William Osmundson, did deliver a controlled substance to-wit: marijuana as alleged in the Information;
(2) That the commission of such offense occurred in Story County, Iowa, on or about the 12th day of April, 1975, or within two years of said date.
Defense counsel excepted to the instruction 'for the reason that it purports to state what needs to be shown beyond a reasonable doubt in order to return a verdict of guilty; and in stating what needs to be shown, it omits therefrom, the fact that the State must prove beyond a reasonable doubt that the defendant knew the substance delivered was a controlled substance.' Nonetheless, the court gave the jury the instruction as we have quoted it.
In this the court erred. Scienter is an element of an offense such as this. Thomas v. State, 522 P.2d 528 (Alaska); State v. Hernandez, 96 Ariz. 28, 391 P.2d 586; People v. Francis, 71 Cal.2d 66, 75 Cal.Rptr. 199, 450 P.2d 591; People v. Castro, 10 Ill.App.3d 1078, 295 N.E.2d 538; State v. Anderson, 156 Mont. 344, 498 P.2d 295. Cf. State v. Reeves, 209 N.W.2d 18 (Iowa) (); State v. Boose, 202 N.W.2d 368 (Iow...
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State v. Hoyman
...when read together, were confusing because they “[l]ack[ed] a clear explanation” of the applicable law); State v. Osmundson, 241 N.W.2d 892, 893 (Iowa 1976) (reversing the defendant's conviction for delivery of a controlled substance when one instruction omitted the scienter requirement of ......
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State v. Gibb
...admissible under the "intent" exception. Scienter is an element of the offense of delivery of a controlled substance. State v. Osmundson, 241 N.W.2d 892, 893 (Iowa 1976). Here trial court's instructions required the State to prove beyond a reasonable doubt "(t)hat the Defendant knew that th......
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State v. Kaufman, 58929
...a defendant's right to place the burden of proof on the State and to protect defendant's presumption of innocence. See State v. Osmundson, 241 N.W.2d 892, 893 (Iowa 1976); State v. Boyken, 217 N.W.2d 218, 219 (Iowa 1974); State v. McGranahan, 206 N.W.2d 88, 92 (Iowa Since the court's instru......
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State v. Watts, 58465
...contradictory and therefore confusing. There is no way to tell which of the contradictory instructions the jury followed. State v. Osmundson, Iowa, 241 N.W.2d 892, 893; State v. Leins, Iowa, 234 N.W.2d 645, 649, and citations. The established rule is that if defendant's sanity is drawn in i......