State v. Murray
Supreme Court of Iowa
Appeal from Iowa District Court. The defendant was indicted for the'crime of larceny in stealing an overcoat of the alleged value of thirty-five dollars. He pleaded he had been convicted for the larceny of the same overcoat before a justice of the peace, and punished therefor.
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Appeal from Iowa District Court. The defendant was indicted for the'crime of larceny in stealing an overcoat of the alleged value of thirty-five dollars. He pleaded he had been convicted for the larceny of the same overcoat before a justice of the peace, and punished therefor. To this plea the State demurred, on the grounds: First, that the former conviction being for a minor offense cannot be pleaded in bar of the offense charged in the indictment:. Second, that the offense charged in the indictmen't is a felony and punished by imprisonment in the penitentiary, when the former, the…
1Opinion of the CourtSeevees, J.
The Attorney General does not claim that t, person may be punished twice for the same offense, but' he insists there are degrees in larceny, and that a conviction for the lower will not bar the higher. That the former cannot include the latter, but that the latter does include the former, and The State v. Foster, 33 Iowa, 525, is relied on. All that was held in that case was, wrhea an offense consists of different degrees, a conviction for the* lesser will not bar a prosecution for the greater. , We have no occasion to either affirm or overrule that case.
It is also insisted the question now…
2Cases cited2 opinions
- State v. FosterSupreme Court of Iowa · 1871
- State v. WoodSupreme Court of Iowa · 1877
3Cited by12 opinions
- State v. StewartSupreme Court of Iowa · 1974
- State v. SampsonSupreme Court of Iowa · 1912
- State v. BlodgettSupreme Court of Iowa · 1909
- State v. WheelockSupreme Court of Iowa · 1933
- State v. PriceSupreme Court of Iowa · 1905
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