State v. Taylor

• Decision Date: 15 December 1908
• Citation: 140 Iowa 470,118 N.W. 747
• Parties: STATE v. TAYLOR.
• Court: Iowa Supreme Court

140 Iowa 470

118 N.W. 747

STATE

v.TAYLOR.

Supreme Court of Iowa.

Dec. 15, 1908.

Appeal from District Court, Wapello County; F. W. Eichelberger, Judge.

The defendant was indicted for robbery as defined in section 4753 of the Code. He entered a plea of not guilty. Trial to a jury and verdict of guilty. Judgment imposing a sentence to the reformatory at Anamosa for a term not exceeding 10 years. Defendant appeals. Reversed.W. W. Epps, for appellant.

H. W. Byers, Atty. Gen., and Chas. W. Lyon, Asst. Atty. Gen., for appellee.

EVANS, J.

At the time of the alleged offense September 26, 1907, the defendant was a boy 17 years of age. The prosecuting witness Joseph Aldridge was an old man about 80 years of age. They met at Gallager's saloon in Ottumwa. The defendant, with two other young men, was already present at the saloon when Aldridge came there. The evidence tends to show that Aldridge joined them in a drinking spree, purchasing for them and himself one or two cans of beer, and that they all became more or less intoxicated and engaged in more or less hilarity. Aldridge had with him a watch, and the evidence is quite conclusive that the defendant in some manner stole the watch, and shortly afterward left the saloon. He carried the watch to a pawnshop, and pawned it for $3. He was immediately arrested, and after his arrest informed the officers where the watch was, and went with them to the pawnshop to obtain it. In what manner the defendant obtained the watch does not very clearly appear from the testimony. As to whether he took it from the person of Aldridge, and, if from the person, whether he took it by stealth or by force and violence, is left in much uncertainty. We quote from the testimony of Aldridge as follows: “I lost my watch that day. He wanted to know the time of day. I took it out, and he took it off of me. He left me a piece of chain. Here it is. * * * He wanted to know what time it was. I took it out and showed him, and he took hold of it, and snapped it off some way. I don't know how he got it off. He took hold of the watch and saw what time it was. I next saw him at the police station.” On cross-examination he testified as follows: “The reason I think the other fellows did not take the watch, I look around and their back was to me, and I told them that fellow had took my watch, and we started out to hunt him. I got the watch out of my pocket myself. I had it in my hand and handed it to him.” The foregoing is all the testimony of the prosecuting witness as to the manner in which the alleged larceny was committed. The state's witness Orendorf was one of the young men present. He testified that he (Harry) asked Aldridge what time it was. “Along about 10 or 15 minutes after that, he said to me, ‘Somebody got my watch.’ Then he had me go with him to look around.” He also testified that he heard Aldridge say, “He took my watch,” and he also heard him say, “He grabbed my watch.” No other witnesses attempted to testify on that subject.

1. In the submission of the case to the jury, the court gave instructions numbered 4 and 5 as follows: “(4) The crime charged in this indictment is robbery, which is where one person takes, steals, and carries away from the person of another, with force and violence, any personal property which is the subject of larceny. To constitute this crime, the stealing must be from the person of another, and it must be accomplished by force and violence. There need not be great force or violence, but there must be some. If the article is so attached to the person or his clothing as to resist its removal and create a resistance, however slight, it is sufficient. In this case, therefore, if you find from the evidence, beyond a reasonable doubt, that in this county, on the 26th day of September, 1907, J. A. Aldridge was the possessor of a watch which was attached to a chain, and that the chain was fastened to his clothing, and that at such time and place the defendant asked Aldridge what time it was, and that Aldridge then and there pulled his watch out of his pocket and held it in his hand, the chain being still so attached to it and to his clothing, and that when he was so holding it in his hand, the defendant snatched it away from him, and from the chain to which it was attached, and ran away with the watch intending to steal it, you should find the defendant guilty. If you do not so find you should acquit him. (5) If you believe from the evidence that, at the time and place mentioned in the indictment, defendant asked Aldridge what time it was, and that Aldridge pulled his watch out of his pocket and held it in his hand, detached from his person, otherwise or not, at the time, fastened to his clothing in any way, and that while he was thus holding the watch in his hand...