State v. Pavey
Supreme Court of Iowa
Appeal from Sioux District Court. — William Hutchinson, Judge. Tras defendant was indicted, charged with the crime of murder in the first degree. The charge is that, on or about March 28, 1919, lie shot and killed one Claude Letner. The jury found defendant guilty, and fixed the penalty at death. Defendant’s motion for new trial was overruled, and the court pronounced judgment in accordance with the verdict, and fixed the date when defendant should be executed.
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Appeal from Sioux District Court. — William Hutchinson, Judge. Tras defendant was indicted, charged with the crime of murder in the first degree. The charge is that, on or about March 28, 1919, lie shot and killed one Claude Letner. The jury found defendant guilty, and fixed the penalty at death. Defendant’s motion for new trial was overruled, and the court pronounced judgment in accordance with the verdict, and fixed the date when defendant should be executed. The defendant appeals. —
1Opinion of the CourtPreston, J.
— The errors assigned are as to the alleged insufficiency of the evidence to support the verdict; the refusal to give a requested instruction, and the giving of another instruction. by the court; overruling the motion for new trial on the ground of newly discovered evidence; and lastly, that the punishment is excessive.
1. homicide : mmaer: evidence, 1. The defendant did not testify, and no evidence was introduced on his behalf. Appellant states in argument that deceased, with the notorious outlaw Bed Burzette, Wesley Schach, and Harvey Springer, was. engaged in bringing whisky from Trosky,…
2Cases cited15 opinions
- State v. CaterSupreme Court of Iowa · 1897
- State v. HassanSupreme Court of Iowa · 1910
- State v. WatsonSupreme Court of Iowa · 1897
- State v. WalkerSupreme Court of Iowa · 1907
- State v. PellSupreme Court of Iowa · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. HoferSupreme Court of Iowa · 1947
- State v. AddisonSupreme Court of Iowa · 1959
- State v. SiegelSupreme Court of Iowa · 1936
- State v. FriendSupreme Court of Iowa · 1930
- State v. TracySupreme Court of Iowa · 1935
7 more not listed; retrieve them via the Exa API.