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Keywords

appealwillcircumstantial evidence

trialcircumstantial evidence

Related Cases

State v. Hogrefe, 557 N.W.2d 871

Facts

Hogrefe, a farmer and business owner, convinced Midwest Soya to advance him $425,000 for the purchase of herbicide, promising a profit by December 1, 1991. After failing to deliver the promised goods or profits, Hogrefe wrote several checks to NICE for the purchase of Pursuit, a herbicide, knowing he did not have sufficient funds to cover them. Despite his financial troubles, he continued to seek advances and wrote checks that were returned for insufficient funds, leading to his conviction for theft by deception.

Hogrefe approached Pleggenkuhle about a 'no lose' business proposition. Hogrefe convinced Pleggenkuhle to have Midwest advance Hogrefe $425,000 for the purchase and resale of Pursuit, a herbicide manufactured by American Cyanamid.

Issue

Was there sufficient evidence to submit the marshalling instruction on theft by deception?

That issue is whether there was sufficient evidence to submit the marshalling instruction on theft by deception.

Rule

A person commits theft by deception when they obtain property by promising payment or delivery of goods that they do not intend to perform or know they will not be able to perform.

Iowa Code section 714.1(3) states that a person commits theft when that person '[o]btains the labor or services of another, or a transfer of possession, control, or ownership of the property of another, or the beneficial use of property of another by deception.'

Analysis

The court analyzed whether Hogrefe had the intention to pay the checks when he issued them. It found that circumstantial evidence suggested Hogrefe was aware he could not pay back the amounts owed, given his financial situation and the antecedent debt he was trying to cover. The court concluded that the jury could reasonably find Hogrefe knew he would not be able to pay the checks when he issued them.

Viewing the evidence in the light most favorable to the State, we think the jury could reasonably find from the circumstantial evidence presented that—at the very least—Hogrefe knew he would not be able to pay the checks when he issued them.

Conclusion

The court reversed Hogrefe's conviction, determining there was not sufficient evidence to support the marshalling instruction on theft by deception.

Because we conclude there was not sufficient evidence to submit the instruction, we reverse and remand for a new trial.

Who won?

Sherman Paul Hogrefe prevailed in the appeal because the court found insufficient evidence to support the theft by deception charge.

Hogrefe prevailed because the court found that the evidence was insufficient to support the theft by deception charge.

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