144 Iowa 559 | Iowa | 1909
The charge in this case is based upon the indorsement of a check for $3.90, drawn by Cohen & Sons to the order of Flint Transfer Company, and purporting to be indorsed by the Flint Transfer Company. In July, 1901, P. W. Flint was engaged in the transfer business under the name of Flint Transfer Company. The defendant was engaged in driving one of his teams under an arrangement whereby each was to receive one-half the earnings of such team and driver. On July 12th the defendant brought to Cohen & Sons, dealers in old iron, an iron column which he sold to them for $3.90. He said that the column belonged to the Flint Transfer Company. Cohen & Sons issued their check in payment therefor, and made it payable to “Flint Transfer Company.” Later this check was negotiated by the defendant to Lorenz 111 by delivery. . It purported at that time to be duly indorsed by the payee. The evidence in behalf of the state was sufficient to show that such indorsement was not made by
„ . 2. Same: evi-4 dence tending when admisSlble' 2. Defendant’s counsel objected to all the evidence offered on behalf of the state tending to show Christy’s ownership of the iron column, and tending to show that it had been stolen from him. The argument ° js that -j-^g erime of larceny of the iron colnmn is entirely distinct in its nature from the crime charged in this case, and that it was therefore not admissible in this case even to prove intent. The rule that evidence of other crimes may be proved for the purpose of showing intent or motive in a particular case is well settled. It is also well settled that evidence of such other alleged crimes must be confined to crimes of a like kind with the one under prosecution. It is this limitation of the rule for which the defendant contends. The "difficulty with this position is that the evidence objected to involved circumstances so immediately connected with the alleged commission of the crime charged that it was
The case has been argued for the defendant with much ability, and many questions have been presented in the briefs for our consideration. But they all rest upon the proposition which we have now considered. Our conclusions thereon are decisive of every question argued, and it will serve no useful purpose for us to consider the argument in further detail. The case properly appeals to the
The judgment below is affirmed.