State v. Bertoch
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. P. B. Woere, Judge. The indictment in this case charges, in substance, that bn the thirteenth day of September, 1897, the defendant, Theodore Bertoch, and one Ernestine Bertoch, who is jointly indicted with the defendant now on-trial; willfully, unlawfully, deliberately, feloniously, premeditatly, and of malice aforethought, and with the specific intent to take the life of a certain one Charles Selhusen, did mix and mingle a certain…
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Appeal from Clinton District Court. — Hon. P. B. Woere, Judge. The indictment in this case charges, in substance, that bn the thirteenth day of September, 1897, the defendant, Theodore Bertoch, and one Ernestine Bertoch, who is jointly indicted with the defendant now on-trial; willfully, unlawfully, deliberately, feloniously, premeditatly, and of malice aforethought, and with the specific intent to take the life of a certain one Charles Selhusen, did mix and mingle a certain deadly poison, called “arsenic,” in certain berries, which had been and were prepared for the use of, and to be eaten…
1Opinion of the CourtGiven, J.
I. Our opinion announced on the former submission of this case (89 N. W. Rep.- 378) * contained the following: ■
1 “The court gave the following, among other instructions: '(1) The indictment in this case charges that the life of one Charles Selhusen was taken by having poison administered to him by the defendant, and that said poison wa$ so given to the said Selhusen with the intent to take his life. Under the charge in this indictment, the defendant may be convicted, the evidence warranting, of either one of the following grades of homicide: Murder in the first degree, murder in the second…
2Cases cited2 opinions
- State v. DowdSupreme Court of Connecticut · 1849
- American Emigrant Co. v. FullerSupreme Court of Iowa · 1891
3Cited by12 opinions
- State v. StumpSupreme Court of Iowa · 1963
- State v. GrbaSupreme Court of Iowa · 1923
- State v. ThomasSupreme Court of Iowa · 1906
- State v. HarperSupreme Court of Iowa · 1935
- State v. YargusSupreme Court of Kansas · 1922
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