Legal Opinion

State v. Nash

Supreme Court of Iowa

Decided December 10, 1859PublishedCited by 10 opinions

Appeal from, Lee District Court. The defendant was indicted jointly with one Redout, for the murder of Thomas A. Harrison, by shooting on the 2d of April, 1858. He was tried separately and convicted, and now appeals to this court upon several questions of law, which, with the necessary facts connected, appear in the opinion of the court. presented the several points relating to the rulings of the court below on the evidence and instructions, as stated in the opinion of the…

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Appeal from, Lee District Court. The defendant was indicted jointly with one Redout, for the murder of Thomas A. Harrison, by shooting on the 2d of April, 1858. He was tried separately and convicted, and now appeals to this court upon several questions of law, which, with the necessary facts connected, appear in the opinion of the court. presented the several points relating to the rulings of the court below on the evidence and instructions, as stated in the opinion of the court, and cited authorities of which no memoranda has been preserved. Submitted to the court a written argument in which…

1Opinion of the CourtWoodward, J.

The third assignment of error is to the *83admission of Harrison’s declarations made in the presence of Nash, and the replies of the latter. Harrison was shot on the 2d of April, and on the 4th, Nash was brought into his presence, in company with others, to ascertain whether Harrison could recognize the person who shot him. Harrison pointed him out, and said to him that he was the man. Nash answered that he (IT.) was mistaken, and Harrison replied that he was not mistaken. At this period of the case there had boon no evidence to support these assertions of Harrison as dying declarations, but the…

2Cases cited4 opinions

  1. State v. NashSupreme Court of Iowa · 1858
  2. Garret v. StateSupreme Court of Missouri · 1839
  3. State v. GuyerSupreme Court of Iowa · 1858
  4. State v. RankinSupreme Court of Iowa · 1859

3Cited by10 opinions

  1. State v. PolsonSupreme Court of Iowa · 1870
  2. Diamond v. StateIndiana Supreme Court · 1924
  3. Keesier v. StateIndiana Supreme Court · 1900
  4. McGinness v. StateWyoming Supreme Court · 1893
  5. Foster v. StateSupreme Court of Arkansas · 1885

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