State v. Emmons
Supreme Court of Iowa
Appeal from Mahaska District Court. Original Proceeding on Habeas Corpus. Appeal from order of JohnW. Harvey, Judge of'the District Court of the Third Judicial"District. As these causes involve substantially the same questions, they will be determined in one opinion.
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Appeal from Mahaska District Court. Original Proceeding on Habeas Corpus. Appeal from order of JohnW. Harvey, Judge of'the District Court of the Third Judicial"District. As these causes involve substantially the same questions, they will be determined in one opinion. Tlie first case is an appeal by the defendant from a judgment of conviction upon an indictment for burglary. . The second cause is an original proceeding in habeas corpus in this court, in which it is claimed that the conviction for burglary is void. In the last-named case, the plaintiff, Manley, was convicted of the crime of…
1Opinion of the Court
Rothrock, J.—
i. buegiíAky ¡ indictment: contents and occupancy of house. I. In the first named case -the defendant demurred to thé indictment. The demurrer was overruled. A motion for arrest of judgment was also made ' ° upon the same grounds, which motion was over-x . ° . ruled. It is claimed that the rulings were erroneous. The charging part of the indictment is as follows: That “ the said Charles Emmons, on the twenty-first day of *267December, in the year of our Lord one thousand eight hundred and eighty-six, in the county aforesaid, did feloniously, ■ unlawfully, willfully and burglariously…
2Cases cited2 opinions
- State v. RiversSupreme Court of Iowa · 1886
- State v. FranksSupreme Court of Iowa · 1884
3Cited by16 opinions
- State v. WatsonSupreme Court of Iowa · 1897
- State v. BurnsSupreme Court of Iowa · 1903
- Reed v. LaneSupreme Court of Iowa · 1895
- State v. McCraySupreme Court of Iowa · 1920
- Dimmitt v. CampbellSupreme Court of Iowa · 1967
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