State v. Butler
Supreme Court of Iowa
Appeal from Hamilton District Court. — How. C. G. Lee, Judge. Dependant was indicted for the crime of an assault with, intent to murder. Bpon a second trial, the case having once before been in this court, he was convicted of an assault with intent to commit great bodily injury, and was sentenced to the county jail for the period of one year. He appeals. —
1Opinion of the Court
Deemer, J. —
i. Criminal law: assault: evi I. Upon a former appeal the facts as they then appeared of record are quite fully set - forth in the opinion, which is reported in 146 Iowa, 285. Upon the second trial the state relied entirely upon . . - ,, the testimony oi the prosecuting witness, Young, who was the night policeman of the city of Webster City, and he materially changed his testimony on this second trial. We quote the following from the record now before us:
I saw the defendant, Butler, on the morning of August 1, 1908. I was standing on the crossing between the Buster Brown corner…
2Cases cited9 opinions
- State v. ShepardSupreme Court of Iowa · 1859
- State v. MalcolmSupreme Court of Iowa · 1859
- State v. CodySupreme Court of Iowa · 1895
- State v. LeuhrsmanSupreme Court of Iowa · 1904
- State v. CummingsSupreme Court of Iowa · 1905
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3Cited by3 opinions
- State v. KendallSupreme Court of Iowa · 1925
- Kramer v. RicksmeierSupreme Court of Iowa · 1913
- State v. LindsaySupreme Court of Iowa · 1913