State v. Hollyway
Supreme Court of Iowa
Appeal from Fremont District Court. At the March term, 1873, of the District Court, the defendant was indicted for the crime of robbery, committed by the use of dangerous and deadly weapons upon the person of one John Hamilton, putting him in fear and taking from him the sum of ten dollars, on the eighteenth day of August, 1870, in Fremont county, Iowa. No question is made upon the sufficiency of the indictment, requiring it to be set out at length.
Read the full summary
Appeal from Fremont District Court. At the March term, 1873, of the District Court, the defendant was indicted for the crime of robbery, committed by the use of dangerous and deadly weapons upon the person of one John Hamilton, putting him in fear and taking from him the sum of ten dollars, on the eighteenth day of August, 1870, in Fremont county, Iowa. No question is made upon the sufficiency of the indictment, requiring it to be set out at length. At the September term, 1873, the defendant was arraigned and pleaded “not guilty,” and at the March term, 1874, was tried and convicted and…
1Opinion of the Court
Miller, Ch. J. —
The evidence given on the trial shows that about the eighteenth day of September, 1873, the defendant drove up with a team to the place of business of John Hamilton, in McPaul, Eremont county, Iowa, drew a revolver and threatened Hamilton that if he did not pay him (defendant) money, which the latter claimed was due him from Hamilton, he would shoot him (Hamilton); that defendant demanded a settlement and the payment of the amount due him, admitting that he owed Hamilton a small store account which he consented might be deducted from what he claimed of Hamilton, for calves…
2Cases cited1 opinion
- State v. BondSupreme Court of Iowa · 1859
3Cited by30 opinions
- Edwards v. StateWisconsin Supreme Court · 1970
- State v. KobylaszSupreme Court of Iowa · 1951
- Fannin v. StateCourt of Criminal Appeals of Texas · 1907
- Cates v. StateCourt of Special Appeals of Maryland · 1974
- Barton v. StateCourt of Criminal Appeals of Texas · 1921
25 more not listed; retrieve them via the Exa API.