Legal Opinion

State v. Erdlen

Supreme Court of Iowa

Decided June 13, 1905PublishedCited by 8 opinions

Appeal from Wapello District Court.— HoN. M. A. Rob-sets, Judge. The defendant, after plea of not guilty, was convicted of the crime of being found in possession of burglar’s tools with iútent, etc., and he appeals.

1Opinion of the CourtBishob, J.

The charge made in the indictment, in substance, is that the defendant at a time named, and in the county of Wapello, “ did unlawfully, willfully, and felo-niously then and there be found having in his possession burglar’s tools and implements, with intent to commit the crime of burglary,” etc. After verdict defendant presented *621bis motion in arrest of judgment, based upon the insufficiency of the indictment to warrant or sustain a conviction, and this for the reason in particular that the indictment contained no description of the tools or implements alleged to have been found in his…

2Cases cited3 opinions

  1. State v. SmithSupreme Court of Iowa · 1877
  2. State v. WhalenSupreme Court of Iowa · 1896
  3. State v. ShawSupreme Court of Iowa · 1872

3Cited by8 opinions

  1. State v. HefflinSupreme Court of Missouri · 1936
  2. People v. ChastainSupreme Court of Colorado · 1987
  3. Mahar v. LainsonSupreme Court of Iowa · 1955
  4. State v. EnglerSupreme Court of Iowa · 1933
  5. State v. McHenrySupreme Court of Iowa · 1929

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