State v. McGuire
Supreme Court of Iowa
Appeal from Benton District Court. — Hon. John B. Caldwell, Judge. Indictment for an assault with intent to commit manslaughter. Verdict of guilty, and a judgment from which the defendant appealed. —
1Opinion of the CourtG-raNGER, J.
1. Assault with. intent to com-Simtory'! oflense. — I. The indictment is assailed by demurrer, on the ground that, under the law, there is no such crime as an assault with . intent to commit manslaughter. Manslaughter is a crime by an express provision of the Code, section 3856, and punishable by imprisonment in the penitentiary, which makes it a felony. The query is, is an unlawful act involving intent to commit such a crime punishable in the same manner? If it is, it is a felony and hence indictable. By Code, section 3878, it is provided: “If any person assault; another with intent to…
2Cases cited2 opinions
- State v. WhiteSupreme Court of Iowa · 1876
- State v. WhiteSupreme Court of Iowa · 1875
3Cited by9 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- Commonwealth v. DemboskiMassachusetts Supreme Judicial Court · 1933
- State v. JohnsonSupreme Court of Iowa · 1969
- State v. MarishSupreme Court of Iowa · 1924
- State v. BunnSupreme Court of Iowa · 1922
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