State v. Clemons
Supreme Court of Iowa
Appeal from Washington District Gowrt. The defendant was indicted for tbe murder of John 0. Dayton. He was convicted of murder in tbe second degree, and sentenced to imprisonment in the penitentiary for life. He now appeals to this court for a reversal of the judgment against him.
1Opinion of the CourtRothrock, J.
— I. The defendant was put upon his trial for murder in the first degree. It is urged, in his be'half, that this was erroneous because the indictment is for murder in the second degree only. The alleged defect consists in the failure to charge that the killing of the. deceased was wilful, deliberate, and premeditated. The casé of State v. McCormick, 27 Iowa, 402, and other cases determined by this ■court, are cited in support of the question made by counsel.
We have not thought it necessary to set out the indictment at length, because, as the judgment must be reversed upon other .grounds, to…
2Cases cited5 opinions
- State v. McCormickSupreme Court of Iowa · 1869
- State v. TweedySupreme Court of Iowa · 1860
- State v. WaltersSupreme Court of Iowa · 1877
- State v. NorthrupSupreme Court of Iowa · 1878
- State v. HorningSupreme Court of Iowa · 1878
3Cited by30 opinions
- Mulkey v. StateCourt of Criminal Appeals of Oklahoma · 1911
- People v. SinghCalifornia Supreme Court · 1920
- Lipscomb v. StateMississippi Supreme Court · 1897
- State v. CushingWashington Supreme Court · 1896
- State v. BrownSupreme Court of Iowa · 1911
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