State v. Kirkpatrick
Supreme Court of Iowa
Appeal from Decatur District Court. The indictment, omitting tbe formal part, is as follows: “The said ¥m. A. Kirkpatrick, on the first day of January, in the year of our Lord one thousand eight hundred and eighty-two, in the county aforesaid, and on divers other days and times between said day and the finding of this indictment, the said defendant and one Mary J. Collins, a female, he, the said defendant, not being married to said Mary J. Collins, did then and there…
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Appeal from Decatur District Court. The indictment, omitting tbe formal part, is as follows: “The said ¥m. A. Kirkpatrick, on the first day of January, in the year of our Lord one thousand eight hundred and eighty-two, in the county aforesaid, and on divers other days and times between said day and the finding of this indictment, the said defendant and one Mary J. Collins, a female, he, the said defendant, not being married to said Mary J. Collins, did then and there unlawfully, lewdly and viciously cohabit and associate together, and he, the said defendant, and said Mary J. Collins did then…
1Opinion of the CourtSeevers, J.
1. Criminal Law: indictment: allegation op time: evidence not limited by. I. The court instructed the jury that it was sufficient if they found that the defendant and Mary J. Collins, “within three years prior to the finding of tae indictment, did lewdly and viciously associate an<i cohabit together,” etc. The objection made to this instruction is that under the indictment *556tlie time should have been limited to the day named in the indictment and afterwards. Ordinarily, the time the offiense is committed, as stated in the indictment, is not material; but it is competent to prove the commission…
2Cases cited2 opinions
- State v. MarvinSupreme Court of Iowa · 1861
- State v. BrainardSupreme Court of Iowa · 1868
3Cited by15 opinions
- State v. JensenSupreme Court of Iowa · 1954
- State v. BrandenbergerSupreme Court of Iowa · 1911
- Commonwealth v. PeretzMassachusetts Supreme Judicial Court · 1912
- State v. BeltzSupreme Court of Iowa · 1938
- State v. HeftSupreme Court of Iowa · 1912
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