State v. Smith
Supreme Court of Iowa
Appeal from Ioioa District Court. — Hon. M. J. Wade, Judge. The indictment was returned by the grand jury of Johnson county, and charged the defendant and his brother, George Smith, with the crime of assault with intent to commit murder. The defendant was granted a separate trial, and the place thereof, on his application, changed to Iowa county. From judgment of conviction, sentencing him to serve four years and six months in the penitentiary at Anamosa, he appeals.
1Opinion of the CourtLadd, J.
The facts in this case are identical with those in State v. Smith, 100 Iowa, 1 (69 N. W. Rep. 269), with the exception that this defendant is accused as principal, and the defendant in that case as accessory only. By reference to that case, it will be noticed that R. P. Jones, as sheriff of Johnson county, was attempting to serve an order issued by a justice of the peace, directing him to remove George Smith and his goods from a certain building, and put one Cupp in possession. When the sheriff entered the building, and was about to- serve the order, George Smith voluntarily removed the…
2Cases cited2 opinions
- State v. SmithSupreme Court of Iowa · 1896
- Bagley v. SternbergSupreme Court of Minnesota · 1886
3Cited by1 opinion
- Cedar Rapids Cold Storage Co. v. LesingerSupreme Court of Iowa · 1920