State v. Pilkington
Supreme Court of Iowa
Appeal from Lucas District Court. — Hon. W. I. Babb, Judge. Dependant was charged with having, on the twenty-third day of February, 1893, committed a rape upon Ella Shelton, a female over thirteen years of age. He was convicted of an assault with intent to commit a rape, and moved for a new trial, on the ground that the verdict was against the evidence and contrary to law, and because of misconduct of the county attorney.
Read the full summary
Appeal from Lucas District Court. — Hon. W. I. Babb, Judge. Dependant was charged with having, on the twenty-third day of February, 1893, committed a rape upon Ella Shelton, a female over thirteen years of age. He was convicted of an assault with intent to commit a rape, and moved for a new trial, on the ground that the verdict was against the evidence and contrary to law, and because of misconduct of the county attorney. This motion was overruled, and judgment of imprisonment in the penitentiary entered against him, from which he appeals, assigning as errors the overruling of said motion.
1Opinion of the CourtGiven, J.
I. New trials are granted in civil cases when “the verdict, report or decision is not sustained by sufficient evidence, or is contrary to law.” Code, section 2837. They are granted in criminal cases “when the verdict is contrary to law or evidence.” Id., section 4489. The rule in criminal cases is different from that applied in civil cases. “This court, though proceeding carefully and cautiously, will interfere in criminal cases more readily than in civil. We will not, in a criminal case, support a verdict if it be against the clear weight of the evidence.” State v. Wise, 83 Iowa, 596, 50 N.…
2Cases cited2 opinions
- State v. WiseSupreme Court of Iowa · 1891
- State v. AthertonSupreme Court of Iowa · 1878
3Cited by15 opinions
- Ford v. DilleySupreme Court of Iowa · 1916
- State v. WilliamsSupreme Court of Iowa · 1924
- State v. SalingSupreme Court of Iowa · 1916
- United States v. ShortUnited States Court of Military Appeals · 1954
- State v. ThomasSupreme Court of Iowa · 1922
10 more not listed; retrieve them via the Exa API.