Fouts v. State

Opinion ly

Greene, J.

Pleasant Fouts, the plaintiff in *501error, was indicted in Polk county, for the murder of his wife, Ruth Fouts, August 9, 1854. The venue was first changed to Jasper, and thence to Warren district court, where the prisoner was tried and convicted of murder in the first degree. He was sentenced to be executed December 15, 1854, but before that day the writ of error which brought the case to this court was granted. Several errors are assigned, all of which may be considered under three heads.

It is contended in behalf of the prisoner, that the indictment charges the crime of…