State v. Dillon
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. A. J. Leeeingwell,- Judge. On the tenth day of May, 1887, one Timothy Mullany received a wound, from the effects of which he died some two days later. Appellant and one Eichard Kelly were jointly indicted for the alleged murder of said Mullany. Appellant was tried separately,' and convicted of the crime of murder in the second degree.
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Appeal from Clinton District Court. — Hon. A. J. Leeeingwell,- Judge. On the tenth day of May, 1887, one Timothy Mullany received a wound, from the effects of which he died some two days later. Appellant and one Eichard Kelly were jointly indicted for the alleged murder of said Mullany. Appellant was tried separately,' and convicted of the crime of murder in the second degree. He was sentenced to imprisonment at hard labor in the state penitentiary at Anamosa for the term of twenty-five years, and from that judgment he appeals.
1Opinion of the CourtEobinson, J.
fenceTstatedecedent. I. Two witnesses for the state were permitted to testify that, after • Mullany was wounded, the defendant and another person were brought into his presence, and that Mullany then said that defendant was the man who had cut him. Appellant insists that the court erred in admitting this testimony, for the reason that the statement of Mullany was not a dying declaration within the meaning of the law, nor was it a part of the res gestae. We assume that the evidence was admitted to show the demeanor and statements of *655defendant when accn sed by the deceased, and for that purpose…
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- State v. MorphySupreme Court of Iowa · 1871
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