State v. Brainard
Supreme Court of Iowa
Appeal from Dlackhawh District Gowt. Uttering forged note : instructions : evidence. — The indictment alleges, that the defendant, on the 15th day of June, 1865, did utter and publish as true, a certain false, forged and.counterfeit promissory note, well knowing, etc., dated August 5, 1856, for $179, payable on demand to the defendant, and purporting to be signed by one Austin Brainard, as maker. From a judgment on a verdict of guilty, the defendant appeals.
1DissentWright, J.
(dissenting). — Aside from an objection to the conduct of the jury, after retiring to consider their verdict (which objection we all agree is without weight), counsel in argument before us, made but one point, and that ivas, that the verdict was against the evidence, or rather, that there was no evidence to warrant the conviction. And to this point alone they* directed the main part of their argument.
The foregoing opinion fails, in effect, to find for defendant on this point, and still reverses the judgment upon a ground not made, and for an error which the court below never had an…
2Cases cited4 opinions
- State v. TweedySupreme Court of Iowa · 1860
- Owen v. OwenSupreme Court of Iowa · 1867
- Ault v. SloanSupreme Court of Iowa · 1857
- State v. CarnahanSupreme Court of Iowa · 1864