res gestae doctrine in Iowa

24 Iowa opinions name it 1 courts 1911–1995 0 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

Case	Followed	Cited
State v. Crawfordgreen iowa · 1972 · cited in 3 Iowa opinions naming this issue, 1975–1978 2 sentences 1978See also State v. Swanson, 228 N.W.2d at 104 ; State v. Crawford, 202 N.W.2d 99, 101 (Iowa 1972). 1978See also State v. Swanson, 228 N.W.2d at 104 ; State v. Crawford, 202 N.W.2d 99, 101 (Iowa 1972).	3	3
State v. Hainesgreen iowa · 1977 · cited in 2 Iowa opinions naming this issue, 1978–1983 2 sentences 1983In State v. Haines, 259 N.W.2d 806, 810 (Iowa 1977), in response to defendant's questioning the admissibility of hearsay testimony on the grounds that the out-of-court statements were made by a two and one-half year old child who did not testify and was not found by the trial court to be competent to testify, we said: [N]ormally the competency of the declarant is not a factor in determining whether hearsay testimony comes under the res gestae exception. 1983In State v. Haines, 259 N.W.2d 806, 810 (Iowa 1977), in response to defendant’s questioning the admissibility of hearsay testimony on the grounds that the out-of-court statements were made by a two and one-half year old child who did not testify and was not found by the trial court to be competent to testify, we said: [NJormally the competency of the declar-ant is not a factor in determining whether hearsay testimony comes under the res gestae exception.	2	2
State v. Swansongreen iowa · 1975 · cited in 2 Iowa opinions naming this issue, 1977–1978 2 sentences 1978See also State v. Swanson, 228 N.W.2d at 104 ; State v. Crawford, 202 N.W.2d 99, 101 (Iowa 1972). 1978See also State v. Swanson, 228 N.W.2d at 104 ; State v. Crawford, 202 N.W.2d 99, 101 (Iowa 1972).	2	2
State v. Johnsongreen iowa · 1974 · cited in 2 Iowa opinions naming this issue, 1975–1979 2 sentences 1979Evidence otherwise competent to prove some fact material to the crime charged is not inadmissible because it tends to prove defendant guilty of another crime.” State v. Dunne, 234 Iowa 1185, 1195 , 15 N.W.2d 296 , 301-02 (1944); see also State v. Johnson, 224 N.W.2d 617 (Iowa 1974); State v. Fetters, 202 N.W.2d 84 (Iowa 1972). 1975See also State v. Fetters, supra; State v. Johnson, 224 N.W.2d 617 (Iowa 1974).	1	2
State v. Fettersgreen iowa · 1972 · cited in 2 Iowa opinions naming this issue, 1975–1979 2 sentences 1979Evidence otherwise competent to prove some fact material to the crime charged is not inadmissible because it tends to prove defendant guilty of another crime.” State v. Dunne, 234 Iowa 1185, 1195 , 15 N.W.2d 296 , 301-02 (1944); see also State v. Johnson, 224 N.W.2d 617 (Iowa 1974); State v. Fetters, 202 N.W.2d 84 (Iowa 1972). 1975See also State v. Fetters, supra; State v. Johnson, 224 N.W.2d 617 (Iowa 1974).	1	2
State v. Ogilviegreen iowa · 1981 · cited in 1 Iowa opinions naming this issue, 1995–1995 1 sentence 1995State v. Ogilvie, 310 N.W.2d 192, 196 (Iowa 1981).	1	1
United States v. Eneas Lavern Nickgreen ca9 · 1979 · cited in 1 Iowa opinions naming this issue, 1983–1983 1 sentence 1983(Citations omitted.) I agree with the astute observation made by the court in United States v. Nick, 604 F.2d 1199, 1202 (9th Cir.1979), where it said in response to the defendant's contention that the admission of a witness's hearsay testimony, concerning the out-of-court statements made by a child who was not subject to cross-examination because *18 deemed to be an incompetent witness, was in violation of the Confrontation Clause: If the sole method by which the confrontation clause could be satisfied was the opportunity to cross-examine the declarant in court either at the time the statemen	1	1
State v. Gradygreen iowa · 1971 · cited in 1 Iowa opinions naming this issue, 1975–1975 1 sentence 1975In State v. Grady, 183 N.W.2d 707, 718 (Iowa 1971), we adopted the following rule: “Henceforth, in a prosecution for rape the state is not privileged to prove that the prosecutrix complained any particular person assaulted her until after defendant has brought out particulars of the details of the complaint or has introduced evidence tending to impeach in any respect the female or witnesses testifying to the complaint unless the complaint was *104 a spontaneous, unpremeditated statement so closely connected with the act as to be part of the res gestae.” (see citations).	1	1
Skalla v. Daegesgreen iowa · 1944 · cited in 1 Iowa opinions naming this issue, 1954–1954 2 sentences 1954The matter was also given extensive consideration in Skalla v. Daeges, 234 Iowa 1260, 1281, 1282, 1283 , 15 N.W.2d 638 . 1954The matter was also given extensive consideration in Skalla v. Daeges, 234 Iowa 1260, 1281, 1282, 1283 , 15 N.W.2d 638 .	1	1
State v. Berrygreen iowa · 1950 · cited in 1 Iowa opinions naming this issue, 1954–1954 2 sentences 1954In State v. Berry, 241 Iowa 211, 215, 216, 217 , 40 N.W.2d 480, 483 , Justice Smith made a somewhat exhaustive analysis of the res gestae rule. 1954In State v. Berry, 241 Iowa 211, 215, 216, 217 , 40 N.W.2d 480, 483 , Justice Smith made a somewhat exhaustive analysis of the res gestae rule.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (28)

Case	Cited	Years
Roushar v. Dixon green iowa · 1942 2 sentences 1968The admissibility of statements as being part of the res gestae is largely within the discretion of the trial court. 8 Am.Jur.2d, Automobiles and Highway Traffic, section 970, page 520; Dohse v. Market Mens Mutual Insurance Co., 253 Iowa 1186, 1191 , 115 N.W.2d 844, 847 ; Bass v. Muenchow, supra. Furthermore as we said in Roushar v. Dixon, 231 Iowa 993, 997 , 2 N.W.2d 660, 662 , the tendency is to extend, rather than to narrow, the res gestae doctrine. 1968The admissibility of statements as being part of the res gestae is largely within the discretion of the trial court. 8 Am.Jur.2d, Automobiles and Highway Traffic, section 970, page 520; Dohse v. Market Mens Mutual Insurance Co., 253 Iowa 1186, 1191 , 115 N.W.2d 844, 847 ; Bass v. Muenchow, supra. Furthermore as we said in Roushar v. Dixon, 231 Iowa 993, 997 , 2 N.W.2d 660, 662 , the tendency is to extend, rather than to narrow, the res gestae doctrine.	4	1966–1972
Insurance Co. v. Mosley green · 1869 2 sentences 1942The facts and circumstances of no two cases can be precisely alike, and the exact length of time is not mathematically controlling.’ See Christopherson case, supra; and this idea is, in substance, restated in the Westcott case, supra, which is relied upon by the appellant. * * * “In Insurance Company v. Mosley, 8 Wall. 397 , the Supreme Court of the United States says, of the res gestae rule, that: “ ‘The tendency of recent adjudications is to extend, rather than to narrow, the scope of the doctrine. 1919In Insurance Company v. Mosley, 8 Wall. 397 , the Supreme Court of the United States says, of the res gestae rule, that: “The tendency of recent adjudications is to extend, rather than to narrow, the scope of the doctrine.	3	1913–1942
State v. Dunne green iowa · 1944 2 sentences 1979Evidence otherwise competent to prove some fact material to the crime charged is not inadmissible because it tends to prove defendant guilty of another crime.” State v. Dunne, 234 Iowa 1185, 1195 , 15 N.W.2d 296 , 301-02 (1944); see also State v. Johnson, 224 N.W.2d 617 (Iowa 1974); State v. Fetters, 202 N.W.2d 84 (Iowa 1972). 1975This court has applied another variation of the res gestae doctrine under which evidence of another offense is admissible “where it is so related to the offense charged that proof of the former tends to establish the latter, also where such evidence tends to identify the accused as the person who committed the crime charged.” State v. Dunne, 234 Iowa 1185, 1195 , 15 N.W.2d 296 , 301-302.	2	1975–1979
State v. Stafford green iowa · 1946 2 sentences 1950In State v. Stafford, 237 Iowa 780 , 23 N.W.2d 832 , we discussed the res gestae rule and the elements that must exist to make the evidence admissible. 1950In State v. Stafford, 237 Iowa 780 , 23 N.W.2d 832 , we discussed the res gestae rule and the elements that must exist to make the evidence admissible.	2	1950–1969
State v. Oppedal green iowa · 1975 1 sentence 1979In such cases, we have been able to find from the record the acts and statements of the defendant were integral parts of the crime with which he was charged, . . . or at least so closely related in point of time and place and so intimately associated with each other they form a continuous transaction, the whole of which may be shown, . 232 N.W.2d at 522-23 .	1	1979–1979
Snipes v. Augusta-Aiken Ry. & Electric Corp. green sc · 1929 2 sentences 1978The court determined the statements were admissible under the rule stated in Snipes v. A.-A. Ry. & Electric Corp., 151 S.C. 391 , 149 S.E. 111, 112 . 1978The court determined the statements were admissible under the rule stated in Snipes v. A.-A. Ry. & Electric Corp., 151 S.C. 391 , 149 S.E. 111, 112 .	1	1978–1978
State v. Hutchison green or · 1960 2 sentences 1977E. g., Love v. State, 64 Wis.2d 432 , 219 N.W.2d 294 (1974); People v. Butler, 244 Cal.App.2d 799 , 57 Cal.Rptr. 798 (1967); State v. Hutchison, 222 Or. 533 , 353 P.2d 1047 (1960). 1977E. g., Love v. State, 64 Wis.2d 432 , 219 N.W.2d 294 (1974); People v. Butler, 244 Cal.App.2d 799 , 57 Cal.Rptr. 798 (1967); State v. Hutchison, 222 Or. 533 , 353 P.2d 1047 (1960).	1	1977–1977
People v. Bush green illappct · 1973 2 sentences 1977E. g., People v. Bush, 11 Ill.App.3d 31 , 295 N.E.2d 548 (1973). 1977E. g., People v. Bush, 11 Ill.App.3d 31 , 295 N.E.2d 548 (1973).	1	1977–1977
Talman v. Talman green calctapp · 1966 1 sentence 1977E. g., Love v. State, 64 Wis.2d 432 , 219 N.W.2d 294 (1974); People v. Butler, 244 Cal.App.2d 799 , 57 Cal.Rptr. 798 (1967); State v. Hutchison, 222 Or. 533 , 353 P.2d 1047 (1960).	1	1977–1977
People v. Butler green calctapp · 1967 1 sentence 1977E. g., Love v. State, 64 Wis.2d 432 , 219 N.W.2d 294 (1974); People v. Butler, 244 Cal.App.2d 799 , 57 Cal.Rptr. 798 (1967); State v. Hutchison, 222 Or. 533 , 353 P.2d 1047 (1960).	1	1977–1977
Love v. State green wis · 1974 2 sentences 1977E. g., Love v. State, 64 Wis.2d 432 , 219 N.W.2d 294 (1974); People v. Butler, 244 Cal.App.2d 799 , 57 Cal.Rptr. 798 (1967); State v. Hutchison, 222 Or. 533 , 353 P.2d 1047 (1960). 1977E. g., Love v. State, 64 Wis.2d 432 , 219 N.W.2d 294 (1974); People v. Butler, 244 Cal.App.2d 799 , 57 Cal.Rptr. 798 (1967); State v. Hutchison, 222 Or. 533 , 353 P.2d 1047 (1960).	1	1977–1977
State v. Lyons green iowa · 1973 1 sentence 1975In Lyons, supra, at p. 546 , we analyzed with, some care the doctrine of res gestae and the Wigmore rule set out above regarding criminal acts which are inseparable parts of the whole deed and concluded: “Succinctly stated, the question appears to be whether the acts and statements of the defendant are integral parts of the crime with which he is charged, or whether they are unrelated in time and space, and to the parties involved.” In State v. Drake, 219 N.W.2d 492 (Iowa 1974), we affirmed a trial court in admitting testimony by the prosecutrix in a statutory rape case regarding the force and	1	1975–1975
State v. Drake green iowa · 1974 1 sentence 1975In Lyons, supra, at p. 546 , we analyzed with, some care the doctrine of res gestae and the Wigmore rule set out above regarding criminal acts which are inseparable parts of the whole deed and concluded: “Succinctly stated, the question appears to be whether the acts and statements of the defendant are integral parts of the crime with which he is charged, or whether they are unrelated in time and space, and to the parties involved.” In State v. Drake, 219 N.W.2d 492 (Iowa 1974), we affirmed a trial court in admitting testimony by the prosecutrix in a statutory rape case regarding the force and	1	1975–1975
State v. Robinson green · 1915 1 sentence 1975In State v. Robinson, 170 Iowa 267 , 152 N.W. 590 [a prosecution for rape] the trial court permitted testimony by the prosecutrix that cohorts of the defendant had also raped her throughout *522 the evening of the alleged offense.	1	1975–1975
Bass v. Muenchow green iowa · 1966 2 sentences 1969Roushar v. Dixon, 231 Iowa 993, 997 , 2 N.W.2d 660, 662 ; State v. Stafford, 237 Iowa 780, 785 , 23 N.W.2d 832, 835 ; Bass v. Muenchow, 259 Iowa 1010, 1015 , 146 N.W.2d 923, 926 ; Gibbs v. Wilmeth, Iowa, 157 N.W.2d 93, 98-99 ; 29 Am.Jur.2d, Evidence, section 708, page 771; 31A C.J.S. 1969Roushar v. Dixon, 231 Iowa 993, 997 , 2 N.W.2d 660, 662 ; State v. Stafford, 237 Iowa 780, 785 , 23 N.W.2d 832, 835 ; Bass v. Muenchow, 259 Iowa 1010, 1015 , 146 N.W.2d 923, 926 ; Gibbs v. Wilmeth, Iowa, 157 N.W.2d 93, 98-99 ; 29 Am.Jur.2d, Evidence, section 708, page 771; 31A C.J.S.	1	1969–1969
Gibbs Ex Rel. Gibbs v. Wilmeth green iowa · 1968 2 sentences 1969Roushar v. Dixon, 231 Iowa 993, 997 , 2 N.W.2d 660, 662 ; State v. Stafford, 237 Iowa 780, 785 , 23 N.W.2d 832, 835 ; Bass v. Muenchow, 259 Iowa 1010, 1015 , 146 N.W.2d 923, 926 ; Gibbs v. Wilmeth, Iowa, 157 N.W.2d 93, 98-99 ; 29 Am.Jur.2d, Evidence, section 708, page 771; 31A C.J.S. 1969Roushar v. Dixon, 231 Iowa 993, 997 , 2 N.W.2d 660, 662 ; State v. Stafford, 237 Iowa 780, 785 , 23 N.W.2d 832, 835 ; Bass v. Muenchow, 259 Iowa 1010, 1015 , 146 N.W. 2d 923, 926 ; Gibbs v. Wilmeth, Iowa, 157 N.W.2d 93, 98-99 ; 29 Am.Jur.2d, Evidence, section 708, page 771; 31A C.J.S.	1	1969–1969
State v. Johnson green iowa · 1967 1 sentence 1969State v. Johnson, Iowa, 152 N.W.2d 426, 430 .	1	1969–1969
Clark ex rel. Clark v. Van Vleck green iowa · 1907 2 sentences 1969We are told Clark v. Van Vleck, 135 Iowa 194, 197-198 , 112 N.W. 648 , (1907) states the res gestae rule in this state. 1969We are told Clark v. Van Vleck, 135 Iowa 194, 197-198 , 112 N.W. 648 , (1907) states the res gestae rule in this state.	1	1969–1969
Dohse v. Market Mens Mutual Insurance Company green iowa · 1962 2 sentences 1968The admissibility of statements as being part of the res gestae is largely within the discretion of the trial court. 8 Am.Jur.2d, Automobiles and Highway Traffic, section 970, page 520; Dohse v. Market Mens Mutual Insurance Co., 253 Iowa 1186, 1191 , 115 N.W.2d 844, 847 ; Bass v. Muenchow, supra. Furthermore as we said in Roushar v. Dixon, 231 Iowa 993, 997 , 2 N.W.2d 660, 662 , the tendency is to extend, rather than to narrow, the res gestae doctrine. 1968The admissibility of statements as being part of the res gestae is largely within the discretion of the trial court. 8 Am.Jur.2d, Automobiles and Highway Traffic, section 970, page 520; Dohse v. Market Mens Mutual Insurance Co., 253 Iowa 1186, 1191 , 115 N.W.2d 844, 847 ; Bass v. Muenchow, supra. Furthermore as we said in Roushar v. Dixon, 231 Iowa 993, 997 , 2 N.W.2d 660, 662 , the tendency is to extend, rather than to narrow, the res gestae doctrine.	1	1968–1968
Carr v. State neutral alactapp · 1926 2 sentences 1950Carr v. State, 21 Ala. App. 299, 300 , 107 So. 730 . 1950Carr v. State, 21 Ala. App. 299, 300 , 107 So. 730 .	1	1950–1950
Page v. City of Osceola green iowa · 1942	1	1946–1946
Lander v. People neutral ill · 1882	1	1928–1928
State v. Giudice green · 1915	1	1923–1923
Hinnah v. Seaba neutral · 1922	1	1923–1923
Roach v. Great Northern Railway Co. green minn · 1916	1	1919–1919
Bulkeley v. Brotherhood Accident Co. neutral · 1917	1	1919–1919
State v. Harris neutral la · 1893	1	1916–1916
Rothrock v. City of Cedar Rapids neutral iowa · 1905	1	1911–1911

Where else courts name it

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Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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