Legal Opinion

State v. Comstock

Supreme Court of Iowa

Decided June 14, 1877PublishedCited by 23 opinions

Appeal from, Jones District Court. . The defendant was convicted of rape and sentenced to confinement in the penitentiary for the term of ten years. He prosecutes his appeal to this court. The facts of the case appear in the opinion.

1Opinion of the CourtBeck, J.

3. criminal mXit:nacces.sory. I. The defendant was jointly indicted with another for the offense of which he was convicted. . He moved in arrest judgment on the ground that the indictment is ^ “ chai-ged different persons with the commission of a crime several in its character and not susceptible of being committed jointly.” The motion was overruled and this action of the court below is made the ground of an objection here.

All persons who are “present, aiding and abetting at the commission of the fact” are principals in the second degree at common law and may be charged in the indictment as…

2Cited by23 opinions

  1. State v. MunchrathSupreme Court of Iowa · 1889
  2. State v. GeddesMontana Supreme Court · 1899
  3. Vogel v. StateWisconsin Supreme Court · 1909
  4. State v. LeeperSupreme Court of Iowa · 1924
  5. State v. McAninchSupreme Court of Iowa · 1915

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