Legal Opinion

State v. Smith

Supreme Court of Iowa

Decided June 6, 1905PublishedCited by 8 opinions

Appeal from, Monroe District Court.— HoN. M. A. Nobeets, J udge. DeeeNDANT was indicted for murder. To this indictment he entered a plea of guilty, and, after hearing the evidence, the court ordered that he be hanged. From the judgment so entered the defendant appeals.

1Opinion of the CourtDeembe, J.

There is no doubt whatever of the defendant’s guilt. Indeed, his counsel distinctly assert that there was no legal justification or excuse for his act. But they do contend that the punishment should have been life imprisonment instead of death. No error was committed by the trial court, unless it be found that it abused its discretion in fixing the penalty. Code, section 4728, provides, in substance, that whoever is guilty of murder in the first degree shall be punished with death or imprisonment for life, as determined by the court, if the defendant pleads guilty. Manifestly, a large…

2Cited by8 opinions

  1. State v. KelleySupreme Court of Iowa · 1962
  2. State v. OlanderSupreme Court of Iowa · 1922
  3. State v. NutterSupreme Court of Iowa · 1957
  4. State v. TracySupreme Court of Iowa · 1935
  5. State v. GrattanSupreme Court of Iowa · 1936

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