State v. Knouse
Supreme Court of Iowa
Appeal from Ringgold District Court. Friday, June 17. The indictment charges the defendant of the crime of murder, and avers that said defendant, on, etc., “in and upon the body of one Daniel Griffith, willfully, deliberately, premeditatedly, feloneously and of malice aforethought, did make an assault, with a certain gun, which, the defendant then and there held in his hands, which said gun was then and there charged with gunpowder and leaden balls, and the said defendant…
Read the full summary
Appeal from Ringgold District Court. Friday, June 17. The indictment charges the defendant of the crime of murder, and avers that said defendant, on, etc., “in and upon the body of one Daniel Griffith, willfully, deliberately, premeditatedly, feloneously and of malice aforethought, did make an assault, with a certain gun, which, the defendant then and there held in his hands, which said gun was then and there charged with gunpowder and leaden balls, and the said defendant did then and there willfully, deliberately, premeditatedly, feloniously and of his malice aforethought, shoot off and…
1Opinion of the CourtWright, J.
This indictment is in every essential respect like that against McCormick (27 Iowa, 402). In this, as in that, it is not alleged that the hilling was willful, deliberate and premeditated. This was necessary, aside from the exceptional cases mentioned in the statute— as when the killing is by poison, or lying in wait, or the like — to constitute murder in the first degree. This being so, it was, upon the authority of The Slate v. Boyle, 28 Iowa, 522, and cases therein cited, prejudicial error, to put the prisoner upon his trial for an offense not charged, *120though he was only convicted for the…
2Cases cited2 opinions
- State v. McCormickSupreme Court of Iowa · 1869
- State v. BoyleSupreme Court of Iowa · 1870
3Cited by5 opinions
- State v. SharpeSupreme Court of Iowa · 1981
- State v. KyneSupreme Court of Iowa · 1892
- State v. BakerSupreme Court of Iowa · 1909
- State v. AndrewsSupreme Court of Iowa · 1891
- State v. McNallySupreme Court of Iowa · 1871