State v. Johnson
Supreme Court of Iowa
Appeal from the Dubuque District Court. The defendant was indicted, tried and convicted of the offense of murder in the first degree, in killing Adam Ostland. To reverse this convcition, he appeals, and assigns for error the giving of the following instructions: First.
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Appeal from the Dubuque District Court. The defendant was indicted, tried and convicted of the offense of murder in the first degree, in killing Adam Ostland. To reverse this convcition, he appeals, and assigns for error the giving of the following instructions: First. “ If you receive them, (the dying declarations), as time, it will be your duty to find the defendant guilty of murder in the first degree, because they show that it was done either in the perpetration or attempt to perpetrate a robbery.” Second. “ The form of your verdict will be as follows, if you find the defendant guilty:…
1Opinion of the Court
"Wright, C. J.
We gather from the record, that the testimony was made up of the defendant’s confessions, the dying declarations of Ostland, and what was seen by the witnesses. The bill of exceptions recites also, that all of the instructions are not before us, and that in the portion omitted, “was contained the distinction between murder in the first, and murder in the second degree, and manslaughter; that on the trial it was contended and urged to the court and jury, by the counsel on both sides, that the verdict must, from the testimony and the law, be either murder in the first degree, or…
2Cases cited1 opinion
- Commonwealth v. JonesGeneral Court of Virginia · 1829
3Cited by14 opinions
- State v. PikeSupreme Court of New Hampshire · 1870
- People v. RepkeMichigan Supreme Court · 1895
- Cook v. StateSupreme Court of Florida · 1903
- State v. McCormickSupreme Court of Iowa · 1869
- State v. O'DonnellSupreme Court of Iowa · 1916
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