State v. Cowan
Supreme Court of Iowa
Appeal from Franklin District Court.- — Hon. H. C. Henderson, Judge. The defendant was indicted by the grand jury of Hardin county for the crime of embezzlement. He pleaded not guilty to the charge, and procured a change of place of trial to Franklin county. There he was tried, convicted and adjudged to pay a fine of §6,154.88, and to be imprisoned in the penitentiary at Anamosa for the term of four years. From this judgment defendant appeals.
1Opinion of the CourtRobinson, J.
1. Instructions: incwreot1 assumption, I. Appellant complains of the refusal of the court to give instructions asked by him, ia language as follows: “(1) There is n0 positive evidence of the guilt of the defendant in this case. The evidence relied upon by the state to procure a conviction is circumstantial. (2) In order to justify a conviction on circumstantial evidence, the proved circumstances in evidence must not only be inconsistent with the defendant’s innocence, but they must be absolutely inconsistent with any other hypothesis than that of his guilt; and if the circumstances in…
2Cases cited1 opinion
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
3Cited by7 opinions
- State v. PeirceSupreme Court of Iowa · 1916
- State v. PoffenbargerSupreme Court of Iowa · 1956
- State v. BogardusSupreme Court of Iowa · 1920
- State v. LindsaySupreme Court of Iowa · 1913
- Ritter v. StateSupreme Court of Arkansas · 1902
2 more not listed; retrieve them via the Exa API.