State v. Pitts
Supreme Court of Iowa
Appeal from Clinton District Court. I. The conviction is clearly against the weight of evidence', and should bo set aside-. Whart. Am. Cr. Law, 893, and note (a.) • II. The jury were absent twenty-five hours, and were not under the charge of a sworn officer, section 3019 of the Code, and the verdict will be set aside, unless it appears affirmatively that the jury were in no way effected thereby.
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Appeal from Clinton District Court. I. The conviction is clearly against the weight of evidence', and should bo set aside-. Whart. Am. Cr. Law, 893, and note (a.) • II. The jury were absent twenty-five hours, and were not under the charge of a sworn officer, section 3019 of the Code, and the verdict will be set aside, unless it appears affirmatively that the jury were in no way effected thereby. McCann v. State, 9 S. & M. 465; 2 John. 373; Jones v. State, '2. Blackf. 479; 11 John. 441. III. Section 3023 of the Code provides that if the jury desire, &c., they maybe brough* into court, uandthe…
1Opinion of the CourtWright, J.
Larceny.' Defendant was convicted, appeals, and to reverse the case, insists upon the following points :
I. That the verdict was not justified by the evidence. The record does not disclose that all the testimony is before us and we cannot therefore say that this error is 110]! assigned. Governed by that which is contained in the bill of < xceptions however, we are not prepared to say that the verdict was r.ot justified. To connect the prisoner with the loss of the wheat charged, there is, it is true, no positive testimony. It is peculiarly a case resting on circumstantial evidence: and we can…
2Cases cited1 opinion
- State v. ShelledySupreme Court of Iowa · 1859
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- Benavides v. StateCourt of Criminal Appeals of Texas · 1892
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- Gay v. GayWest Virginia Supreme Court · 1914
- State v. RodriguezSupreme Court of Iowa · 1947