State v. Gillett
Supreme Court of Iowa
Appeal from Louisa District Court. — Hon. D. Ryan, Judge. The defendant was indicted for breaking and entering a store building in which goods, wares, and merchandise were kept for sale, use, and deposit, with the felonious intent to commit the crime of larceny. There was a trial by jury, and a verdict of guilty, and judgment on the verdict. Defendant appeals.
1Opinion of the CourtRothrock, J.
1 I. The caption or formal averments at the commencement of the indictment charged that the defendant was accused “of the crime of burglary committed as follows.” The charging part of the indictment did not aver that the crime was committed in the nighttime. It is claimed that, as the crime in the caption of the indictment charged burglary, it was necessary to prove . that a burglary was committed. The fact that the pleader designated the crime as “burglary” in the caption is immaterial. The body of the indictment describes the *529offense as one committed under section 3894 of the Code. Indeed,…
2Cases cited1 opinion
- State v. FranksSupreme Court of Iowa · 1884
3Cited by7 opinions
- Hollywood, Inc. v. ClarkSupreme Court of Florida · 1943
- State v. AltwatterIdaho Supreme Court · 1916
- State v. SchnellMontana Supreme Court · 1939
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- State v. Von KutzlebenSupreme Court of Iowa · 1907
2 more not listed; retrieve them via the Exa API.