State v. Baldwin
Supreme Court of Iowa
Appeal from, Jefferson District Qourt. — Hon. H. C. Traverse, Judge. The indictment returned against the defendant is in two counts, the charging part of each being as follows : “ The said Lawson J. Baldwin, on or about the twenty-eighth day of June, in the year of our Lord one thousand, eight hundred and eighty-five, in the county aforesaid, in and upon the body of one Mattie Rodabaugh, then and there being, wilfully, feloniously, premeditatedly, and with malice…
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Appeal from, Jefferson District Qourt. — Hon. H. C. Traverse, Judge. The indictment returned against the defendant is in two counts, the charging part of each being as follows : “ The said Lawson J. Baldwin, on or about the twenty-eighth day of June, in the year of our Lord one thousand, eight hundred and eighty-five, in the county aforesaid, in and upon the body of one Mattie Rodabaugh, then and there being, wilfully, feloniously, premeditatedly, and with malice aforethought, did commit an assault with some instruments to the grand jury unknown, then and there held in the hands of the said…
1Opinion of the CourtGiven, J.
abortion*8™ dictment-two counts. I. Our attention is first directed to the overruling of the defendant’s motion in arrest of judgment. The grounds of his motion are that the indictment is void for duplicity, “in that it charged the offense in two inconsistent groups of facts;” that the indictment charges murder in the first degree, and the defendant was put upon trial thereunder for murder in the second degree; that the offense charged, as disclosed in the evidence, is one of necessity before the fact, and the indictment does not disclose any party with whom defendant is charged to have…
2Cases cited6 opinions
- State v. NashSupreme Court of Iowa · 1858
- State v. ElliottSupreme Court of Iowa · 1877
- State v. GillickSupreme Court of Iowa · 1858
- State v. ClemonsSupreme Court of Iowa · 1879
- State v. CenterSupreme Court of Vermont · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- Bilton v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- State v. . MacESupreme Court of North Carolina · 1896
- State v. KuhnSupreme Court of Iowa · 1902
- State v. BrocksSupreme Court of Iowa · 1922
22 more not listed; retrieve them via the Exa API.