State v. Ridley & Johnson
Supreme Court of Iowa
Appeal from Polk District Cowt. The defendants were tried upon an indictment of which the fpllowing is a copy: “The grand jury * * * * * * accuse Williami 'Eidley and C. M. Johnson of the crime of burglary committed' as follows : The said William Eidley and C. M. Johnson, on; 'the 2nd day of August, 1876, in the county of Polk, in the; night-time of said day, unlawfully, feloniously and bhrglari-l ously, did break and enter the store of one John Slatten, there' situated, in…
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Appeal from Polk District Cowt. The defendants were tried upon an indictment of which the fpllowing is a copy: “The grand jury * * * * * * accuse Williami 'Eidley and C. M. Johnson of the crime of burglary committed' as follows : The said William Eidley and C. M. Johnson, on; 'the 2nd day of August, 1876, in the county of Polk, in the; night-time of said day, unlawfully, feloniously and bhrglari-l ously, did break and enter the store of one John Slatten, there' situated, in which said store, goods, merchandise, and valuable things were then and there kept for use, sale, and deposit, with…
1Opinion of the CourtBothbock, J.
I. It is urged that the only charge in the indictment is that of breaking and entering a store-house, in the night-time, with intent to steal.
The court instructed the jury as follows: “10. In the facts set forth in the indictment are included three crimes, of* different degrees of enormity — First, the crime of larceny in a store in the night-time, the highest; second, the crime of' breaking and entering a store in which goods, merchandise, and valuable things were kept for use, sale and deposit, with intent to commit larceny, the next lower offense; third,, the crime of simple larceny, the…
2Cases cited1 opinion
- State v. HaydenSupreme Court of Iowa · 1876
3Cited by20 opinions
- Munson v. McClaughryCourt of Appeals for the Eighth Circuit · 1912
- State v. OrmistonSupreme Court of Iowa · 1885
- State v. . HookerSupreme Court of North Carolina · 1907
- Halligan v. WayneCourt of Appeals for the Ninth Circuit · 1910
- State v. FreySupreme Court of Iowa · 1928
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