State v. Myers
Supreme Court of Iowa
Appeal from Mahaska District Court. The defendant was tried and convicted of an assault with intent to inflict a great bodily injury. Supposed errors of instruction by the court to the jury, were made the ground of a motion for a new trial, which was overruled and the defendant appeals.
1Opinion of the Court
Lowe, Ch. J.
The substance of the instructions to the jury, objected to, may be stated as follows:
1.CBIMINAT, declarations federates. That if two or more persons combine to do an unlawful act, the declarations and acts of each, made and done with reference to the common purpose, implicate alike all, and each in law is guilty and may be pun-jg]^ for the offense as a principal. And, therefore, it is immaterial whether the shot which wounded George Georg was, in fact, fired by the defendant, provided he was one of the guilty confederates.
s- ~ult-3. — criminal negligence. An assault may be…
2Cited by13 opinions
- Commonwealth v. HawkinsMassachusetts Supreme Judicial Court · 1893
- Mercer v. CorbinIndiana Supreme Court · 1889
- State v. SurryWashington Supreme Court · 1900
- People v. RaherMichigan Supreme Court · 1892
- People v. LovettMichigan Court of Appeals · 1979
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