State v. Vaughn
| Citation | 159 N.W.2d 447 |
| Decision Date | 11 June 1968 |
| Docket Number | No. 52810,52810 |
| Parties | STATE of Iowa, Appellee, v. Earl VAUGHN, Appellant. |
| Court | United States State Supreme Court of Iowa |
Edmund A. McGinn, Council Bluffs, for appellant.
Richard C. Turner, Atty. Gen., David A. Elderkin, Asst. Atty. Gen, and George Knoke, County Atty., Council Bluffs, for appellee.
Defendant pled guilty to the crime of conspiracy. He was sentenced to the State Penitentiary at Fort Madison for a period of three years. He now appeals assigning as errors: 1. The information does not charge a crime under Iowa law, and 2. The county attorney's information is not sufficient to fully inform defendant as to the charge for which he was held to answer. We reject both arguments and affirm.
The record indicates defendant was originally charged with forgery. After some preliminary skirmishing which included withdrawl of his first court appointed counsel and appointment of present counsel, defendant pled guilty to the lesser charge fo conspiracy. 1
The county attorney's information reads: 'Comes now George J. Knoke, as County Attorney of Pottawattamie County, State of Iowa, and in the name and by the authority of the State of Iowa, accusses Earl Vaughn of the crime of Conspiracy committed as follows:
The minutes of evidence furnished with the information indicate evidence that the checks cashed by defendant had been stolen from Powers' Drug Store. Neither the information nor the minutes indicate who or how many co-conspirators are alleged to be part of the conspiracy. Defendant asserts this omission makes the charge fatally defective.
I. In State v. Kulish, 260 Iowa 138, 148 N.W.2d 428, 432 we said:
The defense that the information charges no offense is not tenable here. Iowa Code, 1966, section 773.4 allows the charge to be made by using the name given to the offense by statute Or by stating so much of the offense in either statutory or common law terms (or terms of substantially the same meaning) as is sufficient to give the court and accused notice of what offense is intended to be charged. If the charge also...
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