State v. White, 56592
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | Submitted to MOORE; MOORE |
| Citation | 223 N.W.2d 163 |
| Parties | STATE of Iowa, Appellee, v. Benjamin WHITE, Jr., Appellant. |
| Docket Number | No. 56592,56592 |
| Decision Date | 13 November 1974 |
Page 163
v.
Benjamin WHITE, Jr., Appellant.
John R. Hearn, Des Moines, and Michael J. Laughlin, Urbandale, for appellant.
Richard C. Turner, Atty. Gen., Thomas Mann, Jr., Asst. Atty. Gen., and Rodney Ryan, Asst. County Atty., for appellee.
Submitted to MOORE, C.J., and MASON, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.
MOORE, Chief Justice.
Defendant, Benjamin White, Jr., appeals from conviction and sentence for breaking and entering in violation of Code section 708.8. His sole assigned error is: 'The trial court erred in its failure to sustain the defendant's motion for directed verdict made at the conclusion of all evidence inasmuch as there was insufficient evidence presented by the State at defendant's trial to warrant submission of the case to the jury.' We do not agree.
Page 164
The applicable principles of law are well established. On an appeal challenging the sufficiency of the evidence we view the evidence in the light most favorable to the State and accept all reasonable inferences tending to support the verdict. If there is any substantial devidence reasonably supporting the charge the cause should be submitted to the jury. It is necessary to consider only that evidence which would support the verdict. State v. Graham, Iowa, 221 N.W.2d 258, 259, 260; State v. Dewey, Iowa, 220 N.W.2d 629, 631; State v. Reeves, Iowa, 209 N.W.2d 18, 21; State v. Shurman, Iowa, 205 N.W.2d 732, 733, 734 and citations in each.
The finding of guilt by the jury is binding on us unless we are satisfied it is without substantial support in the evidence or is clearly against the weight thereof. State v. Bone, Iowa, 201 N.W.2d 80, 81; State v. Parkey, Iowa, 200 N.W.2d 518; State v. Gray, Iowa, 199 N.W.2d 57, 59; State v. Werner, Iowa, 181 N.W.2d 221, 222. In State v. DeRaad, Iowa, 164 N.W.2d 108, 112, we say: 'It is only when the evidence which the trier of the fact has relied upon is inherently or patently incredible that this court will substitute its judgment for that of the fact finder.'
With these principles in mind we review the record, including the trial transcript.
On Friday, January 26, 1974 shortly before 8:00 a.m. both Mr. and Mrs. Ollie Sloan, Jr. left their apartment at 1349 Jefferson Street in Des Moines. They went to their respective places of employment. Mr. Sloan returned from work about 12:45 p.m. He observed the door to his ground level apartment standing open. It was earlier closed and locked. On examination Sloan found the door lock had been pried open. Once inside he discovered their $900 television set missing and that a footlocker had been removed from the closet in the bedroom used exclusively by Mr. and Mrs. Sloan. It was on the bed and had been pried open. Some of the contents were on the bed. Several gun shells had been removed from a drawer and were also on the bed. Nothing was stolen from the footlocker. Mrs. Sloan was notified of the break-in and returned home.
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State v. Hall, 57467
...must generate something more than suspicion, speculation or conjecture. State v. Blyth, 226 N.W.2d 250, 268 (Iowa 1975); State v. White, 223 N.W.2d 163, 164 (Iowa 1974); State v. Sellers, 215 N.W.2d 231, 232 (Iowa 1974); State v. Jellema, 206 N.W.2d 679, 681 (Iowa 1973); State v. Schurman, ......
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Watson v. Nix, Civ. No. 81-351-D.
...an issue demonstrate that such is the manner in which this court has applied the substantial evidence rule. See, e.g., State v. White, 223 N.W.2d 163, 165 (Iowa 1974) ("We hold that there was substantial evidence reasonably supporting the charge against defendant."); Tokatlian, 203 N.W.2d a......
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State v. Sheffey
...for Directed Verdict. The principles applicable on review of a ruling on motion for directed verdict are discussed in State v. White, 223 N.W.2d 163 (Iowa 1974) and State v. Dahlstrom, 224 N.W.2d 443 (Iowa 1975). The evidence is viewed in the light most favorable to the State and all reason......