Cokely v. State
Supreme Court of Iowa
Error to the Mahaska District Court. Indictment for assault and battery, witb intent to commit great bodily injury to one C. C. IIow. A motion to set aside tbe indictment, and a demurrer to tbe same, were overruled by tbe court.
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Error to the Mahaska District Court. Indictment for assault and battery, witb intent to commit great bodily injury to one C. C. IIow. A motion to set aside tbe indictment, and a demurrer to tbe same, were overruled by tbe court. Tbe defendant, (plaintiff in error), then pleaded not guilty, and on tbe trial, exception was taken to tbe ruling qf tbe court, in refusing to suffer a witness for tbe State to answer certain questions on cross-examination, and in sustaining tbe objection made by tbe State to tbe introduction of certain testimony offered by defendant. Tbe defendant was found guilty of…
1Opinion of the CourtStockton, J.
The questions raised by the demurrer, ate: 1. Whether it is sufficient to allege in the indictment, that the offence was committed “ on or about the (ffh day of June, 185.6.” We are of opinion that it is sufficient.. It is provided by the Code, (§ 2916,) that “ no indictment shall be quashed, or judgment thereon arrested or deemed invalid, if it can be understood that the offence was committed at some time prior to the finding of the indictment.” Wharton’s Crim. Law, 162.
2. It is alleged that the indictment is double, in charging the defendant with two offences punishable by statute in a…
2Cited by13 opinions
- State v. VanceSupreme Court of Iowa · 1864
- State v. MitchellSupreme Court of Iowa · 1908
- State v. ThompsonMontana Supreme Court · 1891
- State v. McCumberSupreme Court of Iowa · 1927
- State v. McPhersonSupreme Court of Iowa · 1859
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