Legal Opinion

State v. Bruce

Supreme Court of Iowa

Decided June 7, 1878Published

Appeal,from Lee District Corn't. The defendant was indicted for the murder of Michael McNamara. He was found guilty of murder in the first degree, and by the judgment of the court was sentenced to ihe penitentiary for life, from which judgment he appeals. The facts necessary to an understanding of the questions made appear in the opinion.

1Opinion

*539ON REHEARING.

Servers, J.

So much of the foregoing opinion as holds the verdict should not be set aside because the jury, or some of them, drank intoxicating liquors during the trial, but before the cause was finally submitted to them, has been sharply criticised in a petition for a rehearing.

The confidence seemingly exhibited by counsel has induced us to re-examine this question with the care its importance demands. If we understand counsel, it is claimed the decided weight of authority is against the rule of the opinion. This we regard as a grave error, into which counsel have fallen through…

2Cases cited11 opinions

  1. Jones v. StateTexas Supreme Court · 1854
  2. People v. DouglassNew York Supreme Court · 1825
  3. State v. BaldySupreme Court of Iowa · 1864
  4. Ryan v. HarrowSupreme Court of Iowa · 1869
  5. Pope v. StateMississippi Supreme Court · 1872

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