State v. Petsche
| Decision Date | 26 June 1974 |
| Docket Number | No. 56377,56377 |
| Citation | 219 N.W.2d 716 |
| Parties | STATE of Iowa, Appellee, v. Donald A. PETSCHE, Appellant. |
| Court | Iowa Supreme Court |
D. Michael King, Dubuque, for appellant.
Richard C. Turner, Atty. Gen., David E. Linquist, Asst. Atty. Gen., and Robert J. Curnan, County Atty., for appellee.
Submitted to MOORE, C.J., and MASON, REES, REYNOLDSON and McCORMICK, JJ.
Defendant was charged with the crime of assault with the intent to murder. See § 690.6, The Code. The jury found him guilty of assault with intent to inflict great bodily injury. See § 694.6, The Code.
After a tavern argument with one Anthony Kammerude, defendant followed him from the premises; pulled a knife and was backing Kammerude down the street when the victim, Robert Dunkel, intervened. Defendant spun around and stabbed Dunkel in the chest. During the ensuing scuffle defendant continued to wield the knife and stabbed Dunkel in the thigh.
Defendant claims trial court erred in overruling his motions for a directed verdict and a new trial. He asserts the State's evidence failed to generate a jury issue on the necessary element of defendant's specific intent to inflict great bodily injury.
On a defendant's appeal from a criminal conviction challenging the sufficiency of the evidence to sustain the jury's verdict, the evidence is viewed in the light most favorable to the State and we accept as established all reasonable inferences tending to support the jury's action. State v. Sellers, 215 N.W.2d 231 (Iowa 1974); State v. Cowman, 212 N.W.2d 420, 422 (Iowa 1973); see rule 344(f)(2), Rules of Civil Procedure. The general rules governing review of a question on the sufficiency of the evidence are summarized in State v. Reeves, 209 N.W.2d 18, 21 (Iowa 1973) and need not be repeated here.
On the specific issue of whether the State failed to prove defendant's criminal intent to inflict great bodily injury we said in State v. Decklever, 172 N.W.2d 109 at 110 (Iowa 1969):
Defendant testified he did not know Dunkel personally and the initial wound (which...
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State v. Graham
...evidence reasonably supporting the charge the cause should be submitted to the jury. State v. Staker, 220 N.W.2d 613 (Iowa 1974); State v. Petsche, supra at 717; State v. Pardock, 215 N.W.2d 344, 346 (Iowa 1974). It is necessary to consider only that evidence which would support the verdict......
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State v. Redmon
...as bearing thereon. A person is presumed to have intended the natural result of his intentional act.' See also State v. Petsche, 219 N.W.2d 716, 717 (Iowa 1974) and State v. Bell, 223 N.W.2d 181, 184 (Iowa In 1 Underhill's Criminal Evidence, (Sixth Ed.), section 55, it is said: '* * * Inten......
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State v. Bell
...the circumstances attending the assault, together with all relevant facts and circumstances disclosed by the evidence. State v. Petsche, 219 N.W.2d 716, 717 (Iowa 1974); State v. Decklever, 172 N.W.2d 109, 110 (Iowa 1969). This intent may be, and of necessity must be, in most cases, establi......
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State v. Ochoa
...were trying to push the door open. It is presumed a person intends the natural consequences of his intentional acts. State v. Petsche, 219 N.W.2d 716, 717 (Iowa 1974); State v. Graham, 221 N.W.2d 258, 260 (Iowa 1974). In State v. Speck, 242 N.W.2d at 295, the court said: 'Where there is sub......