State v. Davis

Morling, J.—I.

Defendant complains that the court should not have submitted to the jury the question of his guilt of murder in the first degree, for the reason that the indictment does not charge that grade of offense, in that, as he contends, the indictment does not allege a specific intent to kill. As the court submitted to the jury the question of defendant’s guilt of murder in the first degree, and as the verdict found him guilty of murder in the second degree, defendant stood acquitted of the higher degree of crime charged, if it was charged, in the indictment. State v. Smith, 132 Iowa…