Legal Opinion

State v. McNally

Supreme Court of Iowa

Decided December 8, 1871PublishedCited by 3 opinions

Appeal from Washington District Court. Indictment and conviction for murder. Defendant appeals. The facts necessary to an understanding of the case appear in the opinion.

1Opinion of the CourtMiller, J.

The appellant was put upon trial and tried for murder in the first degree, upon an indictment which only charged him with murder in the second degree. The conviction was for murder in the second degree.

In the case of The State v. Tweedy, 11 Iowa, 350, the defendant was tried for murder in the second degree and convicted of manslaughter. On appeal to this court the judgment was reversed. The defendant was again tried for murder in the second degree and convicted of manslaughter. And it was held that the first conviction for manslaughter was an acquittal on the charge of murder in the second…

2Cases cited3 opinions

  1. State v. TweedySupreme Court of Iowa · 1860
  2. State v. BoyleSupreme Court of Iowa · 1870
  3. State v. KnouseSupreme Court of Iowa · 1870

3Cited by3 opinions

  1. State v. SharpeSupreme Court of Iowa · 1981
  2. State v. KyneSupreme Court of Iowa · 1892
  3. State v. HarbourSupreme Court of Iowa · 1922

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