Legal Opinion

State v. Hudson

Supreme Court of Iowa

Decided December 11, 1878PublishedCited by 5 opinions

Appeal from Floyd District Court. The defendant, C. W. Hudson, was jointly indicted with Frank L. Bailey and L. C. Iiickock, for the larceny of forty-five bushels of wheat from the granary of one William Hickman. The indicted parties pleaded not guilty, and demanded separate trials. The District Attorney elected to first try the defendant C. W. Hudson. He was tried, convicted, and sentenced to the penitentiary for one year. He appeals.

1Opinion of the Court

Day, J., law: practice. I. When separate trials were ordered the defendant Hudson demanded that the other defendants, Bailey and iiickock, be tried first, upon the ground, as gh0wn toy the minutes of' the testimony taken before the grand jury, that the other defendants admitted-*158their guilt; that they were the only persons present at and taking an active part in the commission of the crime; and that their evidence is necessary to prove the defendant guilty. The defendant insists that he had a right to have his co-defendants first tried, in order that the fact that they were accomplices might…

2Cited by5 opinions

  1. Goodwin v. StateIndiana Supreme Court · 1883
  2. Higginbotham v. StateSupreme Court of Florida · 1900
  3. Miller v. StateCourt of Appeals of Texas · 1885
  4. Nave v. FlackIndiana Supreme Court · 1883
  5. Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909

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