State v. Tibbetts, No. 41142.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtEVANS
PartiesSTATE v. TIBBETTS.
Decision Date24 November 1931
Docket NumberNo. 41142.

213 Iowa 552
239 N.W. 133

STATE
v.
TIBBETTS.

No. 41142.

Supreme Court of Iowa.

Nov. 24, 1931.


Appeal from District Court, Cerro Gordo County; M. F. Edwards, Judge.

The defendant was prosecuted under an indictment charging him with the crime of embezzlement. To this charge, he pleaded not guilty. At the close of all the evidence, the trial court directed a verdict for the defendant largely upon the ground that the evidence was insufficient to show any fiduciary relation between the defendant and the prosecutor, Frahm. The state has appealed.

Appeal dismissed.

[239 N.W. 133]

Roe Thompson, Co. Atty., of Mason City, for the State.

L. R. Boomhower, of Mason City, for appellee.


EVANS, J.

[1][2] The appeal is prosecuted by the state under the provisions of section 14012. Our review of a criminal case on the appeal of the state is confined under this section to the pointing out of errors in the proceedings, and our decision thereon becomes obligatory “as law.” We do not on such an appeal review the case upon its merit of fact. Unless the state can point out to us some specific question of law that should be passed upon for the future guidance of the court, we must decline to consider the appeal. In this case, Frahm, as landlord, sued out a landlord's attachment and levied it upon the property of Tibbetts, the defendant. A judgment was entered in favor of Frahm and against this defendant. The possession of the attached property in the defendant was not disturbed. A written stipulation was entered into between the parties, whereby the property was left in the hands of the defendant with permission to the defendant to sell the same for the purpose of applying the proceeds upon the debt of Frahm. The property was sold, and the controversy is over the proceeds and the failure of Tibbetts to pay the same to the sheriff or to Frahm. The trial court held that the evidence was insufficient to show an agency or any fiduciary relation between Frahm and Tibbetts, or between the sheriff and Tibbetts. The only error specified by the state in its brief is as follows: “The court erred in sustaining the defendant's motion for a directed verdict and in instructing the jury to return a verdict of not guilty and in entering judgment for the defendant and dismissing the case, at the close of plaintiff's evidence.”

It will be noted that this assignment simply calls for a review of all the evidence in the record. It would settle no particular question of law. We deem such a review...

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4 practice notes
  • State v. Traas, No. 45565.
    • United States
    • United States State Supreme Court of Iowa
    • June 17, 1941
    ...of criminal cases in the future. State v. Little, 210 Iowa 371, 228 N.W. 67;State v. Friend, 213 Iowa 544, 239 N.W. 132;State v. Tibbetts, 213 Iowa 552, 239 N.W. 133;State v. Niehaus, 209 Iowa 533, 228 N.W. 308; State v. Gilbert, supra; State v. Kirkman, supra; State v. Mackey, 82 Iowa 393,......
  • State v. Kriens, No. 51089
    • United States
    • United States State Supreme Court of Iowa
    • December 10, 1963
    ...v. Traas, 230 Iowa 826, 828, 298 N.W. 862, 864. To the same effect see State v. Friend, 213 Iowa 544, 239 N.W. 132, and State v. Tibbetts, 213 Iowa 552, 239 N.W. 133. In other words, to grant an appeal to the state, some general benefit or guide to the trial courts or profession must be sho......
  • State v. Stuart, No. 48122
    • United States
    • United States State Supreme Court of Iowa
    • March 10, 1953
    ...we specifically reaffirmed the majority opinion in the Little case in State v. Friend, 213 Iowa 544, 239 N.W. 132 and State v. Tibbetts, 213 Iowa 552, 239 N.W. 133. Most of the appeals by the state are from verdicts of 'not guilty' returned at the direction of the court but the principle is......
  • State v. Friend, No. 40944.
    • United States
    • United States State Supreme Court of Iowa
    • November 24, 1931
    ...unless a question of law other than the mere sufficiency of the evidence to sustain a conviction is involved. The ruling of the court [239 N.W. 133]below directing the jury to return a verdict of not guilty does not present a question of law which this court is required to review.” In State......
4 cases
  • State v. Traas, No. 45565.
    • United States
    • United States State Supreme Court of Iowa
    • June 17, 1941
    ...of criminal cases in the future. State v. Little, 210 Iowa 371, 228 N.W. 67;State v. Friend, 213 Iowa 544, 239 N.W. 132;State v. Tibbetts, 213 Iowa 552, 239 N.W. 133;State v. Niehaus, 209 Iowa 533, 228 N.W. 308; State v. Gilbert, supra; State v. Kirkman, supra; State v. Mackey, 82 Iowa 393,......
  • State v. Kriens, No. 51089
    • United States
    • United States State Supreme Court of Iowa
    • December 10, 1963
    ...v. Traas, 230 Iowa 826, 828, 298 N.W. 862, 864. To the same effect see State v. Friend, 213 Iowa 544, 239 N.W. 132, and State v. Tibbetts, 213 Iowa 552, 239 N.W. 133. In other words, to grant an appeal to the state, some general benefit or guide to the trial courts or profession must be sho......
  • State v. Stuart, No. 48122
    • United States
    • United States State Supreme Court of Iowa
    • March 10, 1953
    ...we specifically reaffirmed the majority opinion in the Little case in State v. Friend, 213 Iowa 544, 239 N.W. 132 and State v. Tibbetts, 213 Iowa 552, 239 N.W. 133. Most of the appeals by the state are from verdicts of 'not guilty' returned at the direction of the court but the principle is......
  • State v. Friend, No. 40944.
    • United States
    • United States State Supreme Court of Iowa
    • November 24, 1931
    ...unless a question of law other than the mere sufficiency of the evidence to sustain a conviction is involved. The ruling of the court [239 N.W. 133]below directing the jury to return a verdict of not guilty does not present a question of law which this court is required to review.” In State......

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