State v. Egglesht
Supreme Court of Iowa
Appeal from Scott District Court. The agreed statement submitted shows the following facts: “ On the 19th day of February, 1874, the grand jury of Scott county, Iowa, returned into the District Court of said county eight indictments, in due form of law, and each indictment charging the defendant, T. S. Egglesht, with uttering and publishing as true a false order with intent to defraud; and, also, eight other indictments for forgery.
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Appeal from Scott District Court. The agreed statement submitted shows the following facts: “ On the 19th day of February, 1874, the grand jury of Scott county, Iowa, returned into the District Court of said county eight indictments, in due form of law, and each indictment charging the defendant, T. S. Egglesht, with uttering and publishing as true a false order with intent to defraud; and, also, eight other indictments for forgery. The orders were forged, and were uttered by the defendant as charged in the indictment, with intent to defraud, as follows: ' In the afternoon’of February…
1Opinion of the Court
Day, J. —
Whether certain criminal acts constitute one crime or more must depend upon the nature and circumstances of the acts themselves.
When the defendant uttered, at the Davenport National *578Bank, four forged cheeks, the character of his • act became fixed. He either committed one crime, or he committed four. It is not competent for the state, at its election, by the form of the indictment, to give to defendant’s act the quality of one crime or of four at pleasure. The act partakes wholly of the one character or wholly of the other.
We think the decided weight of reason and of authority…
2Cases cited4 opinions
- Jackson v. StateIndiana Supreme Court · 1860
- State v. BenhamSupreme Court of Connecticut · 1829
- Lorton v. StateSupreme Court of Missouri · 1841
- State v. MorphinSupreme Court of Missouri · 1866
3Cited by19 opinions
- State v. ToombsSupreme Court of Missouri · 1930
- State v. ColgateSupreme Court of Kansas · 1884
- In re WalshNebraska Supreme Court · 1893
- State v. McAninchSupreme Court of Iowa · 1915
- State v. WheelockSupreme Court of Iowa · 1933
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