Legal Opinion

State v. Foster

Supreme Court of Iowa

Decided May 18, 1894PublishedCited by 12 opinions

Appeal from Taylor District Court. — Hon. B. C. Henry, Judge. On November 27, 1887, the defendant was charged by indictment with having, on or about the third day of November, A. D. 1887, willfully, feloniously, deliberately and premeditatedly, and of his malice aforethought, hilled and murdered Emmett Eeed. The defendant was tried, found guilty of murder in the first degree, and the penalty of death fixed by the jury.

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Appeal from Taylor District Court. — Hon. B. C. Henry, Judge. On November 27, 1887, the defendant was charged by indictment with having, on or about the third day of November, A. D. 1887, willfully, feloniously, deliberately and premeditatedly, and of his malice aforethought, hilled and murdered Emmett Eeed. The defendant was tried, found guilty of murder in the first degree, and the penalty of death fixed by the jury. Judgment was entered on the verdict, and, on defendant’s appeal, said judgment was reversed and the case remanded, on the eighth day of May, 1890. 45 N. W. Eep. 385. At the…

1Opinion of the CourtGiven, J.

1 I. Several exceptions were taken in behalf of the defendant that are not urged in argument. "We have examined all of them and find that only those urged in argument required 'consideration. Counsel presented on behalf of the defendant, with marked ability, all the questions arising upon the" record that may be properly urgedinhisbehalf. Appellant’s ■first contention is that the court erred in overruling his petition for a change of venue._ It is conceded that, under the statute and decisions of this court, the question of allowing a change of venue was addressed to the sound discretion of…

2Cases cited3 opinions

  1. State v. DooleySupreme Court of Iowa · 1891
  2. State v. PerigoSupreme Court of Iowa · 1886
  3. State v. ReadSupreme Court of Iowa · 1878

3Cited by12 opinions

  1. State v. WilliamsSupreme Court of Iowa · 1924
  2. State v. HelmSupreme Court of Iowa · 1894
  3. State v. EdgertonSupreme Court of Iowa · 1896
  4. State v. BoneSupreme Court of Iowa · 1901
  5. State v. GulliverSupreme Court of Iowa · 1913

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