State v. Schele
Supreme Court of Iowa
Appeal from Mtiscatwie District Gourt. The defendant was indicted for an assault with intent to commit murder. lie was tried and found guilty of an assault with intent to inflict great bodily injury. The defendant filed a motion in arrest of judgment and for a new trial. This motion was overruled upon all the grounds except one.
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Appeal from Mtiscatwie District Gourt. The defendant was indicted for an assault with intent to commit murder. lie was tried and found guilty of an assault with intent to inflict great bodily injury. The defendant filed a motion in arrest of judgment and for a new trial. This motion was overruled upon all the grounds except one. The motion was sustained upon tbe ground that the court bad misdirected the jury, in instructing them that they “could consider the crime of an assault with intent to commit great bodily injury, and find tbe defendant guilty thereof, if the evidence warranted such…
1Opinion of the CourtDay, J.
1 criminal crhné'^as-^1 sauit. — I. Counsel for the appellant insist that the court erred in instructing the jury that they could consider the crime °*' an assanR with,intent to do great bodily injury an<^ ^ie defendant guilty thereof if the evidence warranted such finding. They cite and rely upon State of Iowa v. White, 41 Iowa, 317. The court below in sustaining the motion in arrest of judgment, to the extent and upon the ground stated, evidently followed that case, as above reported. Upon a rehearing, however, which was granted in that case, a different conclusion was reached, and it was…
2Cases cited1 opinion
- State v. WhiteSupreme Court of Iowa · 1876
3Cited by11 opinions
- State v. MarshallSupreme Court of Iowa · 1928
- State v. KeaslingSupreme Court of Iowa · 1888
- State v. YoungWashington Supreme Court · 1900
- State v. BunnSupreme Court of Iowa · 1922
- Birker v. StateWisconsin Supreme Court · 1903
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