Legal Opinion

State v. O'Mally

Supreme Court of Iowa

Decided June 7, 1878PublishedCited by 7 opinions

Appeal from Fayette District Court. The defendant was indicted for threatening verbally to kill Zenana Staats and F. S. Wood, with the intention of thereby causing them to leave their home against their will. Upon a trial he was convicted, and fined in the sum of ten dollars. He now appeals to this court.

1Opinion of the Court

Beck, 3".

1. criminal law: pleading. I. Counsel for the defendant insist that the indictment is bad for the reason that, as it does not set out the threatening words used by defendant, it alleges a jgggj conclusion. The language of the indictment is, that defendant did “wilfully and maliciously verbally threaten to kill and murder Zenana Staats and P. S. Wood.” This is not the allegation of a legal conclusion, but of the act of defendant, and is sufficient without setting out the words used. The words of the defendant were not the gist of the offense, which is found in the intention of…

2Cited by7 opinions

  1. State v. LewisSupreme Court of Iowa · 1895
  2. State v. WheelockSupreme Court of Iowa · 1933
  3. Glover v. PeopleIllinois Supreme Court · 1903
  4. Hall v. StateCourt of Appeals of Georgia · 1933
  5. State v. McDougalSupreme Court of Iowa · 1922

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