State v. Schreck, No. 45394.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtOLIVER
Citation295 N.W. 455,229 Iowa 908
Decision Date31 December 1940
Docket NumberNo. 45394.
PartiesSTATE v. SCHRECK.

229 Iowa 908
295 N.W. 455

STATE
v.
SCHRECK.

No. 45394.

Supreme Court of Iowa.

Dec. 31, 1940.


Appeal from District Court, Kossuth County; G. W. Stillman, Judge.

Defendant was indicted for conspiracy and malicious threats to extort pursuant thereto. Sections 13162 and 13164, Code of 1939. Upon trial to a jury the court directed a verdict for defendant. The state appeals.

Affirmed.

John M. Rankin, Atty. Gen., L. A. Winkel, Co. Atty., of Algona, and Jens Grothe, Asst. Atty. Gen., for appellant.

Edward L. O'Connor, of Des Moines, and L. E. Linnan, of Algona, for appellee.


OLIVER, Justice.

[1] The verdict was directed largely upon the ground that the evidence was not sufficient to support a conviction. Under Section 14012, Code of 1939, the state may appeal in a criminal action, but the province of the court is limited to pointing out errors in the proceedings.

[2] Any ruling involving the sufficiency of evidence is necessarily a legal determination of that question. However, an appeal from a judgment of acquittal upon a verdict directed on account of failure of proof ordinarily involves only the determination of the factual situation shown by the record in that particular case. This court has, in most instances, taken the position that such findings of fact would be of no value as a precedent and, therefore, has usually declined to consider or determine the same. In so holding, State v. Little, 210 Iowa 371, 228 N.W. 67, cites and discusses various Iowa decisions bearing upon the proposition. State v. Tibbetts, 213 Iowa 552, 239 N.W. 133, and State v. Friend, 213 Iowa 544, 239 N.W. 132, are more recent authorities which reiterate the rule. See, also, State v. Gilbert, 138 Iowa 335, 116 N.W. 142.

In accordance with these decisions we conclude the ruling assailed in the case at bar presents no question of law which this court is required to review. This results in an affirmance of the judgment of acquittal.

Affirmed.

RICHARDS, C. J., and MITCHELL, SAGER, HAMILTON, HALE, MILLER, and BLISS, JJ., concur.

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1 practice notes
  • State v. Schreck, No. 45394.
    • United States
    • United States State Supreme Court of Iowa
    • January 13, 1942
    ...trial and on direction of the court a verdict of “not guilty” was returned. The state has appealed. Reversed. Superseding 229 Iowa 907, 295 N.W. 455. [1 N.W.2d 691] John M. Rankin, Atty. Gen., Jens Grothe, Asst. Atty. Gen., and L. A. Winkel, Algona Co. Atty., for appellant.Edward L. O'Conno......
1 cases
  • State v. Schreck, No. 45394.
    • United States
    • United States State Supreme Court of Iowa
    • January 13, 1942
    ...trial and on direction of the court a verdict of “not guilty” was returned. The state has appealed. Reversed. Superseding 229 Iowa 907, 295 N.W. 455. [1 N.W.2d 691] John M. Rankin, Atty. Gen., Jens Grothe, Asst. Atty. Gen., and L. A. Winkel, Algona Co. Atty., for appellant.Edward L. O'Conno......

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