State v. Maxwell
Supreme Court of Iowa
Appeal from Polk District Court. On tbe 18th day of November, 1871, the defendant was indicted by the name of John Mack, for the crime of burglary. Upon his arraignment he answered that his name was John Maxwell, and pleaded not guilty. He was found guilty of entering the dwelling house of Charles E. Gale, in the night time, without breaking, with intent to commit larceny, as stated in the indictment, and was sentenced to the penitentiary for one year. Defendant appeals.
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Appeal from Polk District Court. On tbe 18th day of November, 1871, the defendant was indicted by the name of John Mack, for the crime of burglary. Upon his arraignment he answered that his name was John Maxwell, and pleaded not guilty. He was found guilty of entering the dwelling house of Charles E. Gale, in the night time, without breaking, with intent to commit larceny, as stated in the indictment, and was sentenced to the penitentiary for one year. Defendant appeals. If no felony was actually committed in the house entered by defendant, the felonious intent must be distinctly proved. (3…
1Opinion of the Court
Day, J., opinion1 ofw' witness. I. Mrs. Ellen E. Gale was produced as a witness for the State, and she testified circumstantially to the fact of the defendant being found in the house of her Eusband, Charles Gale, about 12 o’clock on the night of May 20th, 1874. Upon cross-examination this witness was asked if she did not state to Mrs. Messer, the mother of defendant, the day after he was found in the house, that she did not think he intended to do any harm, or to steal anything, for. he had plenty of time to have got out after she called her husband,, and he did not do it. This question was…
2Cases cited2 opinions
- State v. BellSupreme Court of Iowa · 1870
- Haynes, Hutt & Co. v. SeachrestSupreme Court of Iowa · 1862
3Cited by29 opinions
- State v. WilsonSupreme Court of Iowa · 1943
- State v. WoodruffSupreme Court of Iowa · 1929
- State v. DonnellySupreme Court of Missouri · 1895
- State v. DeWittSupreme Court of Missouri · 1905
- State v. WorthenSupreme Court of Iowa · 1900
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