State v. Twogood
Supreme Court of Iowa
Appeal from the Delaware District Court. Indictment for an assault and battery. The indictment charges that said defendant did, on, &c., at, &c., “ in and upon one Wilber Duel, with force and arms, make an assault, and him the Wilber Duel, did then and there beat, wound, and ill treat, and other wrongs and injuries,'’ &e. Defendant was convicted, and appeals.
1Opinion of the Court
Wright, O. J.
It was objected below, and is here, that the indictment charges two offenses — an assault, and an assault and battery. The pleader has followed almost literally, the form as given in Archibald’s Criminal Pleadings, 345. He charges an attempt to commit a battery, and also a battery actually committed. If either was proved, a conviction was proper. Every battery includes an assault. The two offenses, as here charged, may be regarded practically as one. We are not aware that such an indictment has ever been held bad, upon the ground that it charged two offenses. Bishop’s Crim. Law,…
2Cases cited2 opinions
- Wagner v. BissellSupreme Court of Iowa · 1856
- Benham v. StateSupreme Court of Iowa · 1855
3Cited by10 opinions
- State v. RedmonSupreme Court of Iowa · 1976
- State v. VickSupreme Court of Iowa · 1973
- State v. LoserSupreme Court of Iowa · 1905
- IOWA NATIONAL MUTUAL INSURANCE COMPANY v. MitchellSupreme Court of Iowa · 1981
- State v. De WolfeNebraska Supreme Court · 1903
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