Jones v. State
Supreme Court of Iowa
JError to the Des Moines District Court. The plaintiff in error was indicted, and convicted in 1855, of the murder of one McCardle, in October, 1840, and sentenced to the penitentiary for life.
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JError to the Des Moines District Court. The plaintiff in error was indicted, and convicted in 1855, of the murder of one McCardle, in October, 1840, and sentenced to the penitentiary for life. On the trial below, the defendant, among other things, asked the court to instruct the jury as follows: “ 1. That the Code, passed in 1851, repealed the territorial laws of 1843, and did not reserve the power, or continue the act of 1839 in force, so as to retain jurisdiction over offences committed under the act of 1839. “ 2. That the act of 1839, defining crimes and punishments, is not now in force.…
1DissentWerght, C. J.
(dissenting). — I most respectfully dissent mom the foregoing opinion I first premise, that the crime charged is among the highest known to the law, and has always been so treated and regarded by the laws of civilized nations. While by our laws, and those of all the states, -certain periods of limitation are fixed, within which most other crimes must be prosecuted, yet, with regard to this cffence, such is its enormity, no such limitation, it is believed,, has ever been made. In all such statutes, this crime, like -treason against the government, will be found to -be expressly •excepted. And…
2Cases cited4 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
- United States v. MorrisSupreme Court of the United States · 1840
- The HarrietU.S. Circuit Court for the District of Maine · 1840