Legal Opinion

State v. Collins

Supreme Court of Iowa

Decided June 23, 1871PublishedCited by 28 opinions

.Appeal from Cerro Gordo District Cowrt. The defendant, William Collins, was indicted at the October term, 1870, of the district court of Cerro Gordo county, for “ an assault with intent to commit murder,” .to which he pleaded “not guilty,” was tried at a special term of the court in December, 1870, found guilty, and sentenced to imprisonment in the penitentiary of the State for the term of six years; from which sentence he appeals to this court.

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.Appeal from Cerro Gordo District Cowrt. The defendant, William Collins, was indicted at the October term, 1870, of the district court of Cerro Gordo county, for “ an assault with intent to commit murder,” .to which he pleaded “not guilty,” was tried at a special term of the court in December, 1870, found guilty, and sentenced to imprisonment in the penitentiary of the State for the term of six years; from which sentence he appeals to this court. The facts necessary to an understanding of the questions before the court are stated in the opinion.

1Opinion of the CourtMiller, J.

l. cruhnad fensé.se 6 I. The evidence shows that the defendant and several others were in a restaurant in Mason city at the time of the alleged crime; that one James K. McMillin, in company with one Babcock, came in while Collins, the defendant, was still there; that at the time McMillin came into the room where the defendant was sitting, McMillin was excessively intoxicated — as the witnesses express it, “ as drunk as a man couM be, and stand up;” that McMillin, staggering toward one Kirk, who was .sitting near the defendant, took hold of Kirk and *38pulled him off of a box on which he was…

2Cases cited6 opinions

  1. State v. TweedySupreme Court of Iowa · 1860
  2. State v. NeeleySupreme Court of Iowa · 1865
  3. State v. ArnoldSupreme Court of Iowa · 1861
  4. State v. RuhlSupreme Court of Iowa · 1859
  5. Samuels v. GriffithSupreme Court of Iowa · 1862

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3Cited by28 opinions

  1. State v. CainWest Virginia Supreme Court · 1882
  2. State of Iowa v. John Arthur Senn Jr.Supreme Court of Iowa · 2016
  3. Clifford v. StateWisconsin Supreme Court · 1883
  4. State v. ParkerSupreme Court of Iowa · 1967
  5. Owens v. United StatesCourt of Appeals for the Ninth Circuit · 1904

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