State v. Wrand
Supreme Court of Iowa
Appeal from Tama District Court. — Host. Obed Caswell, Judge. The defendants appeal from judgment convicting them of burglary, and sentencing each to a term of five years in the penitentiary.
1Opinion of the CourtLadd, J.
1 In the indictment, ownership of the building entered) and of the goods intended to be stolen, is laid in James A. Morrow. The proof showed that these belonged to, and were in possession of, John A. Morrow. Was this a fatal variance ? As it was not necessary to allege or prove who owned the goods, State v. Jennings, 79 Iowa, 514, a mistake in pointing out the true' owner thereof will be disregarded (Code section 5290); State v. Ean, 90 Iowa, 534; State v. Ormiston, 66 Iowa, 143; State v. Ansaleme, 15 Iowa, 44; State v. Schilling, 14 Iowa, 455). The owner of the building must be averred in an…
2Cases cited16 opinions
- State v. BradySupreme Court of Iowa · 1896
- State v. OstranderSupreme Court of Iowa · 1865
- State v. OrmistonSupreme Court of Iowa · 1885
- State v. EanSupreme Court of Iowa · 1894
- State v. AnsalemeSupreme Court of Iowa · 1863
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3Cited by6 opinions
- State v. PerkinsSupreme Court of Iowa · 1909
- People v. CrowleyCalifornia Court of Appeal · 1910
- State v. CongroveSupreme Court of Iowa · 1899
- State v. SeerySupreme Court of Iowa · 1906
- State v. FinnegeanSupreme Court of Iowa · 1905
1 more not listed; retrieve them via the Exa API.