State v. Broderick
Supreme Court of Iowa
Appeal from Woodbury District Court. — C. C. Hamilton, Judge. Verdiot of jury finding defendant guilty of the crime of receiving stolen property. Defendant entered a special plea of former jeopardy, by virtue of an acquittal on an indictment charging breaking and entering, based on the same transaction. From the ruling of the court on the special plea and the judgment entered on the verdict, defendant appeals. —
1Opinion of the Court
De Graee, J.-
Former jeopardy is an ancient and venerable plea, and is embodied in the fundamentals of the common law. Coke expressed it, “Nemo debet bis puniri pro uno de-licto.” Modern constitutions and statutes declare it, “No person shall, after acquittal, be tried for the same offense,” and “A conviction or acquittal by a judgment upon a verdict shall bar another prosecution for the same offense.” Constitution of Iowa, Article 1, Section 12; Section 5339, Code of Iowa.
A court should so apply this guaranty as to protect the citizen from vexatious criminal procedure, and at the same time…
2Cases cited15 opinions
- People v. DisperatiCalifornia Court of Appeal · 1909
- Foster v. StateSupreme Court of Alabama · 1864
- State v. NormanSupreme Court of Iowa · 1907
- State v. CaywoodSupreme Court of Iowa · 1895
- State v. BlodgettSupreme Court of Iowa · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. VandewaterSupreme Court of Iowa · 1927
- State v. GarciaSupreme Court of Iowa · 1924
- State v. WheelockSupreme Court of Iowa · 1933
- Greer v. StateCourt of Criminal Appeals of Tennessee · 1976
- State v. BoeverSupreme Court of Iowa · 1926
7 more not listed; retrieve them via the Exa API.