State v. Weaver
Supreme Court of Iowa
Appeal from Greene District Court. The defendant was jointly indicted with S. T. Horine for tbe murder of George W. Learned, and upon a separate trial was convicted of manslaughter. He now appeals to this court. Tbe facts of tbe case, so far as tbey are involved in tbe questions decided, appear in tbe opinion.
1Opinion of the CourtBeck, J.
1. qbiminat, aoy:'tiireaS I. Two witnesses were permitted to testify to threats made by Horine, who is jointly indicted with defendant, against the deceased. These threats were made four or five months before the homicide. There is no evidence tending to show that there was any conspiracy on the part of the two defendants against the deceased, or that there was any accord or concert in feelings and action against the deceased, prior to the conflict which resulted in his death. The evidence is clearly incompetent and its admission was prejudicial to defendant.
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2Cases cited1 opinion
- Commonwealth v. McDermottMassachusetts Supreme Judicial Court · 1877
3Cited by22 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- Buel v. StateWisconsin Supreme Court · 1899
- McCarthy v. United StatesCourt of Appeals for the Sixth Circuit · 1928
- State v. CroffordSupreme Court of Iowa · 1903
- State v. GrantSupreme Court of Iowa · 1892
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