Legal Opinion · Dissent

State v. Kuhn

Supreme Court of Iowa

Decided May 28, 1902Published

Appeal from Keohuh District Court. — Hon. W. Gr. Clements, Judge. Defendant was accused and convicted of tbe crime of murder in tbe first degree. In substance, the indictment charges that she willfully administered strychnine poison to her husband, Charles Kuhn, from the effects of which he died on the 4th day of September of the year 1900. From a judgment of life imprisonment in the penitentiary, defendant appeals. —

1DissentWeaver, J.

(dissenting). — I am profoundly convinced that the judgment appealed from in this case should not be permitted to stand. It is the most ancient and sacred principle of our law that no person shall be legally branded a felon or suffer forfeiture of life or liberty except upon the most cogent and convincing proof. No matter how grave the charge, nor how strong the suspicion under which he rests, he is entitled to go into court unburdened with any presumption of guilt, and to have every element of the alleged crime established by evidence beyond, a reasonable doubt before a verdict of guilty can…

2Cases cited12 opinions

  1. The People v. . CrapoNew York Court of Appeals · 1879
  2. Buel v. StateWisconsin Supreme Court · 1899
  3. People v. GotshallMichigan Supreme Court · 1900
  4. Starkey v. PeopleIllinois Supreme Court · 1855
  5. State v. BaldwinSupreme Court of Iowa · 1890

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