State v. Pullen, No. 50221
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | THOMPSON |
| Citation | 110 N.W.2d 328,252 Iowa 1324 |
| Decision Date | 15 August 1961 |
| Docket Number | No. 50221 |
| Parties | STATE of Iowa, Appellee, v. Virgil N. PULLEN, Appellant. |
Page 328
v.
Virgil N. PULLEN, Appellant.
Rehearing Denied Sept. 19, 1961.
[252 Iowa 1325]
Page 330
DeKay & Barnes, Atlantic, for appellant.Evan Hultman, Atty. Gen., John Allen, Asst. Atty. Gen., Leonard W. Fromm, Shelby County Atty., and Fred Louis, Jr., Asst. Shelby County Atty., Harlan, for appellee.
THOMPSON, Justice.
The county attorney's information on which the defendant was tried accused him of the crime of false pretense, committed in violation of Section 713.1 of the 1958 Code of Iowa, I.C.A. The specific charge was that on or about September[252 Iowa 1326] 25, 1959, the defendant secured the signature of Ralph Perry, as agent for Curry-Miller Veneers, Inc., to a sight draft payable to the defendant, in the sum of $400, the false making of which would be punished as forgery under the laws of Iowa; and that such signature was obtained designedly and by false pretense.
The state's evidence shows that the defendant represented to Perry, a timber buyer for Curry-Miller Veneers, Inc., of Indianapolis, Ind., that certain walnut trees on a farm in Shelby County were the property of one Prada, who was introduced to Perry by the defendant as the owner of the farm and the timber. The defendant, his brother Cecil Pullen, Prada, and Perry went to the farm to inspect the trees. The defendant told Perry he had known Prada for ten years, and would 'back the deal a hundred per cent.' He said to Perry that the farm was known as 'the Ernest Prada Farm.' As a matter of fact, it appears without dispute in the record that it was the property of one Albert Fahn and his family; that Albert Fahn had lived there for all the 55 years of his life. Fahn had not consented to a sale of the trees, and knew nothing of the purported sale until after it was made. He had been approached by persons wanting to buy the timber, including the defendant, but he and his family did not wish to sell them.
After Perry, the defendant, his brother, and Prada inspected the trees on the Fahn farm, there was some discussion about the price. No agreement was reached at the farm. The party then returned to the town of Dunlap, where, after some further negotiation, a total figure of $1,900 for the timber was agreed upon. This was paid forthwith by Perry in two sight drafts, one in the sum of $1,500 payable to Prada and the other, upon which the present prosecution is based, for $400 to the defendant. There was testimony from one witness that she had come from Missouri with the defendant and that he had picked up Prada there and brought him to Iowa with them. The defendant does not predicate error on the denial of his motion for directed verdict, except as it was based upon a claim of lack of jurisdiction, and we content ourselves with saying that the state's evidence without question generated a jury case.
[252 Iowa 1327] The so-called 'sight draft' for $400 given to the defendant is in fact nothing more, in form and legal effect, than an ordinary check. It is labeled 'Timber Draft' and bears the notation 'For timber as follows: Bal P-29'. It is dated 9-24-59, and says 'At sight pay to the order of Virgil Pullen $400.00, Four Hundred and XX/100 Dollars.' It is drawn on the American Fletcher National Bank and Trust Company, Indianapolis, and is signed 'Curry-Miller Veneers, Inc., by Ralph H. Perry.' It was not cashed, the maker having discovered the nature of the transaction promptly. The man Prada apparently disappeared and did not testify at the trial. There is some evidence for the defendant which contradicts certain parts of the testimony for the state, but since we have determined there was a jury question on the broad issue
Page 331
of defendant's guilt we do not set it out.I. The defendant is not represented in this court by the same counsel who appeared for him in the trial below. However, he did have...
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State ex rel. Fulton v. Scheetz, No. 53068
...reviewable here. * * * 'We have recently commented on the failure to properly present claimed errors to the trial court. State v. Pullen, 252 Iowa 1324, 110 N.W.2d 328; and State v. Kramer, 252 Iowa 916, 109 N.W.2d 18. * * 'Section 793.18 does require us to examine the record without regard......
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State v. Ford, No. 52205
...v. Post, 255 Iowa 573, 584, 123 N.W.2d 11, 18; State v. Roberts, 255 Iowa 166, 173, 121 N.W.2d [259 Iowa 752] 513; 517; State v. Pullen, 252 Iowa 1324, 1327, 110 N.W.2d 328, 331, and citations; State v. Kramer, 252 Iowa 916, 918, 109 N.W.2d 18, 19. See also State v. Jones, 253 Iowa 829, 834......
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State v. Post, No. 50824
...of section 793.18 we fully discussed in the recent cases of State v. Kramer, 252 Iowa 916, 918, 109 N.W.2d 18, and State v. Pullen, 252 Iowa 1324, 1327, 110 N.W.2d 328, where we were also asked to consider errors assigned 'in the interest of fairness to the accused.' Although mindful of the......
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State v. Fiedler, No. 52259
...123 N.W.2d 11; State v. Kelley, 253 Iowa 1314, 1318, 115 N.W.2d 184; State v. Jones, 253 Iowa 829, 834, 113 N.W.2d 303; State v. Pullen, 252 Iowa 1324, 1327--1328, 110 N.W.2d 328; and State v. Kramer, 252 Iowa 916, 918--919, 109 N.W.2d Again as a matter of grace all the instructions have be......
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State ex rel. Fulton v. Scheetz, No. 53068
...reviewable here. * * * 'We have recently commented on the failure to properly present claimed errors to the trial court. State v. Pullen, 252 Iowa 1324, 110 N.W.2d 328; and State v. Kramer, 252 Iowa 916, 109 N.W.2d 18. * * 'Section 793.18 does require us to examine the record without regard......
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State v. Ford, No. 52205
...v. Post, 255 Iowa 573, 584, 123 N.W.2d 11, 18; State v. Roberts, 255 Iowa 166, 173, 121 N.W.2d [259 Iowa 752] 513; 517; State v. Pullen, 252 Iowa 1324, 1327, 110 N.W.2d 328, 331, and citations; State v. Kramer, 252 Iowa 916, 918, 109 N.W.2d 18, 19. See also State v. Jones, 253 Iowa 829, 834......
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State v. Post, No. 50824
...of section 793.18 we fully discussed in the recent cases of State v. Kramer, 252 Iowa 916, 918, 109 N.W.2d 18, and State v. Pullen, 252 Iowa 1324, 1327, 110 N.W.2d 328, where we were also asked to consider errors assigned 'in the interest of fairness to the accused.' Although mindful of the......
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State v. Fiedler, No. 52259
...123 N.W.2d 11; State v. Kelley, 253 Iowa 1314, 1318, 115 N.W.2d 184; State v. Jones, 253 Iowa 829, 834, 113 N.W.2d 303; State v. Pullen, 252 Iowa 1324, 1327--1328, 110 N.W.2d 328; and State v. Kramer, 252 Iowa 916, 918--919, 109 N.W.2d Again as a matter of grace all the instructions have be......