State v. White
Supreme Court of Iowa
Appeal from Bremer District Court. Indictment for an assault with intent to inflict a great bodily injury. The indictment was against two persons, E. B. White and Elisha White; and upon a trial to a jury, the defendant, E. B. White, was acquitted, and the defend ant, Elisha White, was found guilty of an assault and battery.
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Appeal from Bremer District Court. Indictment for an assault with intent to inflict a great bodily injury. The indictment was against two persons, E. B. White and Elisha White; and upon a trial to a jury, the defendant, E. B. White, was acquitted, and the defend ant, Elisha White, was found guilty of an assault and battery. After verdict, the defendant, Elisha White, moved in arrest of judgment, on the ground that the indictment did not charge any acts done by Elisha White .constituting any offense; that the acts were charged as done by Elmer White, etc. This motion was sustained, and…
1Opinion of the CourtCole, J.
It appears that three persons, E. B. White, Elisha White and Elmer White, were complained of as being guilty of the offense charged in the indictment. The grand jury did not find sufficient evidence against Elmer White, and he was discharged; but they returned the following indictment against E. B. White and Elisha White, to-wit: The State of Iowa v. E. B. White and Elisha White.— The grand jury of the county of Bremer, in the name and by the authority of the State of Iowa, accuse E. B. White and Elisha White of the crime of assaulting another with intent to inflict a great bodily injury, as…
2Cases cited1 opinion
- State v. EmeighSupreme Court of Iowa · 1864
3Cited by4 opinions
- State v. BrooksSupreme Court of Iowa · 1892
- State v. WinstrandSupreme Court of Iowa · 1873
- State v. BurnsNevada Supreme Court · 1873
- McKay v. StateNebraska Supreme Court · 1912