State v. Ingalls
Supreme Court of Iowa
Appeal from Winneshiek District Court. — Hon. L. E. Fellows, Judge. At the October, 1895, term of the Winneshiek county district court, the grand jury returned two indictments against the defendants, — one for larceny, and the other for breaking and entering. They were tried on the first indictment, and acquitted. Thereafter they were called to answer to the second, and to this they pleaded a former acquittal by the verdict of the jury in the larceny case.
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Appeal from Winneshiek District Court. — Hon. L. E. Fellows, Judge. At the October, 1895, term of the Winneshiek county district court, the grand jury returned two indictments against the defendants, — one for larceny, and the other for breaking and entering. They were tried on the first indictment, and acquitted. Thereafter they were called to answer to the second, and to this they pleaded a former acquittal by the verdict of the jury in the larceny case. At the trial upon the second indictment they were acquitted, by the direction of the court. From the ruling upon this plea of autrefois…
1Opinion of the CourtDeemer, J.
The record shows that the grand jury acted upon the same evidence in finding each indictment; that the defendants were acquitted upon’the charge of larceny; and the lower court held, as a matter of law, that the acquittal of the charge of larceny was such an adjudication as to bar the prosecution of the second charge. The exact holding of the court was: “The indictment in this case being based upon *729the same testimony as in No. 6,260, and there having been an acquittal in that case upon a question absolutely essential to be proven, to authorize a conviction in this case, and the adjudication…
2Cases cited8 opinions
- Wilson v. StateSupreme Court of Connecticut · 1855
- State v. MartinSupreme Court of Missouri · 1882
- State v. Ridley & JohnsonSupreme Court of Iowa · 1878
- State v. WarnerIndiana Supreme Court · 1860
- State v. JenningsSupreme Court of Iowa · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morgan v. DevineSupreme Court of the United States · 1915
- People v. TownsendMichigan Supreme Court · 1921
- State v. BurgessSupreme Court of Iowa · 2001
- Munson v. McClaughryCourt of Appeals for the Eighth Circuit · 1912
- State v. BlodgettSupreme Court of Iowa · 1909
11 more not listed; retrieve them via the Exa API.