State v. Mushrush
Supreme Court of Iowa
Appeal from Audubon District Court. — Hon. A. B. Thor nell, Judge. The defendant was jointly indicted with William McLaughlin, Walter Case, Charles Jones, and William Mushrush for the crime of murder in the first degree, in the killing of one Frank H. Leib. This defendant was separately tried, and convicted of the crime of manslaughter, and judgment of imprisonment in the penitentiary for a term of five years entered against him, from which he appeals.
1Opinion of the CourtGiven, J.
I. On the evening of March 9, 1894, this defendant, in company with "the other defendants and one Moon, went from the town of Audubon to a schoolhouse in the county, to a public meeting that was quite largely attended. Three brothers (Frank H., Leopold, and Otto Leib) were among those present. During the evening a quarrel arose between the defendant, Case, and Otto and Leopold Leib, on the porch in front of the schoolhouse. Daring the progress of the quarrel, Frank H. Leib came from the inside of the house, and, after a few words, assaulted Case, knocked him off the porch, and was pursuing…
2Cases cited2 opinions
- State v. GrantSupreme Court of Iowa · 1892
- State v. MaloySupreme Court of Iowa · 1876
3Cited by11 opinions
- Smith v. StateWyoming Supreme Court · 1995
- State v. WalkerSupreme Court of Iowa · 1904
- State v. GilmoreSupreme Court of Iowa · 1911
- State v. JohnstonSupreme Court of Iowa · 1936
- State v. DeanSupreme Court of Iowa · 1910
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