Legal Opinion

State v. Leasman

Supreme Court of Iowa

Decided February 11, 1908PublishedCited by 4 opinions

Appeal from Madison District Court.— Hon'.' Edmund Nichols, Judge. The indictment against defendant charged that on a date named, in the county of Madison, he “ did unlawfully, maliciously, and willfully throw a stone which he then and there had and held in .his hand at a railroad train which was then and there on the track of the Chicago Great Western Railroad Company, and was known as ‘ train No. 3,’ the intent being to charge the crime described in Code, section 1810,…

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Appeal from Madison District Court.— Hon'.' Edmund Nichols, Judge. The indictment against defendant charged that on a date named, in the county of Madison, he “ did unlawfully, maliciously, and willfully throw a stone which he then and there had and held in .his hand at a railroad train which was then and there on the track of the Chicago Great Western Railroad Company, and was known as ‘ train No. 3,’ the intent being to charge the crime described in Code, section 1810, which provides that ‘ if any person throw any stone or present or discharge any gun or other firearm, at any railroad…

1Opinion of the CourtMcClain, J.

By motion in arrest of judgment, the objection was raised for the defendant that the indictment does not allege the name of the person injured or attempted to be injured, nor the ownership of the train at which the defendant was charged with throwing the stone. By reference to the section of the Code set out in the above statement of the case, it is apparent that the offense is described as consisting in the act of throwing a stone at a railroad train, *193car, or locomotive engine, and that, unless there is some rule of law requiring a more particular description than that indicated by the…

2Cases cited9 opinions

  1. State v. PorterSupreme Court of Iowa · 1898
  2. State v. BauguessSupreme Court of Iowa · 1898
  3. State v. WhittierSupreme Judicial Court of Maine · 1842
  4. Owens v. StateSupreme Court of Alabama · 1875
  5. State v. . DealSupreme Court of North Carolina · 1885

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. KernanSupreme Court of Iowa · 1912
  2. State v. McCraySupreme Court of Iowa · 1920
  3. Farmers Co-Operative Ass'n v. Quaker Oats Co.Supreme Court of Iowa · 1943
  4. State v. Standard Oil Co.Supreme Court of Iowa · 1911

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