State v. Foster
Supreme Court of Iowa
Appeal from Marion District Court. Defendant was indicted for an assault with intent to inflict a great bodily injury. He pleaded a former conviction before a justice of the peace, on a charge of assault and battery, alleging that the same act is the foundation of both charges. A demurrer of the State to this plea was overruled. The State appeals.
1Opinion of the Court
Beck, Ch. J.
The demurrer could only have been overruled by the district court, upon the view that the offenses charged are, in each case, identical, or the one for which defendant was convicted-before the justice includes the one charged in the indictment. But neither proposition can be admitted. The demurrer, therefore, ought to have been sustained.
Admitting that the offenses of assault and battery, and assault with intent to commit a great bodily injury are degrees of the same offense, it must be conceded that the first named is of a lower degree, and does not include the offense of the…
2Cases cited1 opinion
- Hurt v. StateMississippi Supreme Court · 1872
3Cited by17 opinions
- State v. DicksonSupreme Court of Iowa · 1925
- Commonwealth v. BergenSuperior Court of Pennsylvania · 1938
- State v. BlodgettSupreme Court of Iowa · 1909
- State v. GarciaSupreme Court of Iowa · 1924
- State v. WheelockSupreme Court of Iowa · 1933
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