State v. Schmidt
Supreme Court of Iowa
Appeal from. Fayette District Court — Hon. L. O. Hatch, Judge. Indictment charging that the defendant unlawfully, willfully, deliberately, and with malice aforethought, did kill and murder Lucretia Peek. Trial by jury, who found the following verdict: “ We, the jury, find the defendant guilty of murder in the first degree, and we say that his punishment shall 'be death.”
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Appeal from. Fayette District Court — Hon. L. O. Hatch, Judge. Indictment charging that the defendant unlawfully, willfully, deliberately, and with malice aforethought, did kill and murder Lucretia Peek. Trial by jury, who found the following verdict: “ We, the jury, find the defendant guilty of murder in the first degree, and we say that his punishment shall 'be death.” Judgment that the defendant, “Henry Schmidt, be punished by death, and that the judgment be executed by hanging the defendant, Henry Schmidt, according to law, on the first Wednesday of January, 1888.” From this judgment…
1Opinion of the CourtSeevers, J.
The deceased was the wife of Abram Peek. They resided on a farm, and their homestead consisted of a sitting-room, bed-room and kitchen. There is a door between the sitting-room and bed-room. On the night of the 4th day of September, 1886, there were two beds in the bed-room^ one in the northeast, and the other in the northwest, corner of the room. Near the latter was a window. On said night there were in the house Mr. and Mrs. Peek and Abram Leonard. They went to bed between 9 and 10 o’clock. Leonard slept in the bed in the northwest corner of the room, and Mr. and Mrs. Peek in the other.…
2Cases cited5 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Harriman v. StoweSupreme Court of Missouri · 1874
- Driscoll v. PeopleMichigan Supreme Court · 1882
- People v. VernonCalifornia Supreme Court · 1868
- State v. DriscollSupreme Court of Iowa · 1887
3Cited by18 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- State v. DorisOregon Supreme Court · 1908
- State v. RobertsNevada Supreme Court · 1905
- State v. KuhnSupreme Court of Iowa · 1902
- State v. BrocksSupreme Court of Iowa · 1922
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