State v. McCormick
Supreme Court of Iowa
Appeal from Humboldt District Court. Murder : requisite of indictment : presumption as to degree, etc. — The defendant is indicted for the murder of one William James. , Upon his plea of “not guilty ” he was tried, convicted of murder in the first degree, and sentenced to be executed. From this judgment he prosecutes the present appeal.
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Appeal from Humboldt District Court. Murder : requisite of indictment : presumption as to degree, etc. — The defendant is indicted for the murder of one William James. , Upon his plea of “not guilty ” he was tried, convicted of murder in the first degree, and sentenced to be executed. From this judgment he prosecutes the present appeal. The errors assigned by his counsel relate to the sufficiency of the indictment as one charging the offense of murder in the first degree, and to the correctness of cer-[ tain instructions of the court to the jury. . The indictnaent is as follows : State of…
1Opinion of the Court
Dillon, Oh. J".
i. cbimihax. in the first tiegree: indict-meat. At a prior term of the court, on calling the case against the defendant, we found that he was not represented by counsel, and was informed that he was in confinement in the jail , _ . _ , . ., of.this (Polk) county. On examining the very imperfect record which had been transmitted to this court, we discovered that the defendant had been convicted in the first degree and was under sentence of death. The record also showed that he had been defended below by counsel assigned him by the court, on account of his inability-to procure…
2Cases cited4 opinions
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- Hulet v. BarnettOhio Supreme Court · 1841
- State v. JohnsonSupreme Court of Iowa · 1859
- Bower v. StateSupreme Court of Missouri · 1838
3Cited by49 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- State v. SorrentinoWyoming Supreme Court · 1924
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. MartinSupreme Court of Iowa · 1952
- State v. LoweSupreme Court of Missouri · 1887
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