State v. Tebo, No. 51028

CourtUnited States State Supreme Court of Iowa
Writing for the CourtHAYS
Citation127 N.W.2d 646,256 Iowa 449
Docket NumberNo. 51028
Decision Date08 April 1964
PartiesSTATE of lowa, Appellee, v. Oliver TEBO, Appellant.

Page 646

127 N.W.2d 646
256 Iowa 449
STATE of lowa, Appellee,
v.
Oliver TEBO, Appellant.
No. 51028.
Supreme Court of Iowa.
April 8, 1964.

[256 Iowa 450]

Page 647

Donald V. Doyle, Sioux City, for appellant.

Evan Hultman, Atty. Gen., of Iowa, John H. Allen, Asst. Atty. Gen., Edward F. Samore, County Atty., Woodbury County, for appellee.

HAYS, Justice.

Defendant was charged and convicted of conspiring with one Floyd Labor to commit a felony, to-wit: assist a felon to escape, in violation of Section 719.1 Code of Iowa, I.C.A.

Defendant, Floyd Laber, Jerold Peterman and others were prisoners in the Woodbury County Jail and confined in the same cell block. On or about September 8, 1962, the officials in charge of the jail conducted a 'shakedown' of at least a part of the jail including the cell block where defendant was confined. As a result thereof, hacksaw blades were found in and about Floyd Laber's cell and upon his person. Nothing was found on or about defendant's person or cell. The charge of conspiracy was filed against defendant but not against any of the other prisoners.

The errors assigned are in the main, directed to the alleged erroneous reception of evidence offered upon behalf of the State.

Conspiracy, the crime charged, consists of a combination or agreement to do the thing charged. The corpus delicti or body of the crime is the agreement to do the illegal act, to-wit, assist a felon to escape. No overt act is necessary nor need the object of the agreement be accomplished. State v. Hartman, 213 Iowa 546, 239 N.W. 107; State v. Tedd, 196 Iowa 292, 194 N.W. 184; 15 C.J.S. Conspiracy § 36; 11 Am.Jur. Conspiracy, sec. 6. It might be said that no jail break occurred nor did any felon escape.

[256 Iowa 451] I. Error is assigned in the reception of testimony given by Jerold Peterman called as a witness for the state. He stated, over objection, as to overhearing a conversation between defendant and Laber,

Page 648

relative the procuring of hacksaw blades to be used in an escape from the jail. He also testified to conversations with the defendant regarding the pending jail break. Complaint is made that the statement of conversations heard by the witness was hearsay and conclusions. We find no merit to this contention. This testimony as to conversations with the defendant and conversations between defendant and Laber constitutes direct evidence of the existence of an agreement or conspiracy and was competent. 22A C.J.S. Criminal Law § 756a.

II. Error is assigned as to testimony of Sheriff Rodberg as to statements made...

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2 practice notes
  • State v. Moritz, No. 62991
    • United States
    • United States State Supreme Court of Iowa
    • June 18, 1980
    ...public justice." § 719.1, The Code. The State did not have to prove any overt act in furtherance of the agreement. Compare State v. Tebo, 256 Iowa 449, 450, 127 N.W.2d 646, 647 (1964), with § 706.1, The Code 1979. Because an agreement is the primary element of a conspiracy charge, the natur......
  • Marriage of Shepherd, In re, No. 87-1100
    • United States
    • United States State Supreme Court of Iowa
    • September 21, 1988
    ...where a decree is modified and a change is made the payments that have accrued up to that time cannot thereby be affected. Id. at 489, 127 N.W.2d at 646 (citations omitted). The award of child support or alimony has the essential qualities of a judgment, can be enforced by execution, and dr......
2 cases
  • State v. Moritz, No. 62991
    • United States
    • United States State Supreme Court of Iowa
    • June 18, 1980
    ...public justice." § 719.1, The Code. The State did not have to prove any overt act in furtherance of the agreement. Compare State v. Tebo, 256 Iowa 449, 450, 127 N.W.2d 646, 647 (1964), with § 706.1, The Code 1979. Because an agreement is the primary element of a conspiracy charge, the natur......
  • Marriage of Shepherd, In re, No. 87-1100
    • United States
    • United States State Supreme Court of Iowa
    • September 21, 1988
    ...where a decree is modified and a change is made the payments that have accrued up to that time cannot thereby be affected. Id. at 489, 127 N.W.2d at 646 (citations omitted). The award of child support or alimony has the essential qualities of a judgment, can be enforced by execution, and dr......

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