State v. Tweedy
Supreme Court of Iowa
Appeal from Van Burén District Court. Indictment for murder in the second degree. Defendant was tried, found guilty of manslaughter, and appealed to this court. The cause was reversed and remanded, and upon a second trial he was found guilty of the same offense, from which ho again appeals. Eor the facts, and errors assigned, see the opinion.
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Appeal from Van Burén District Court. Indictment for murder in the second degree. Defendant was tried, found guilty of manslaughter, and appealed to this court. The cause was reversed and remanded, and upon a second trial he was found guilty of the same offense, from which ho again appeals. Eor the facts, and errors assigned, see the opinion. I. The court erred in refusing to give the following instruction asked by plaintiff: “ The defendant Andrew Tweedy, stands indicted for murder in the second degree, but inasmuch as he has once been tried and acquitted of murder in that degree, he can…
1Opinion of the CourtWrigiit, J.
The points relied upon by counsel to reverse this case will bo noticed in their order.
The defendant asked the court to instruct tho jury, “That inasmuch as lie has once been tried and acquitted of murder in the second degree, he can only now be tried for manslaughter, and tho jury can only consider this case as a charge of manslaughter;” which instruction was refused.
The question here made involves an inquiry into the effect of the first verdict and tho subsequent reversal of the judgment thereon. For the defendant it is claimed that the *353legal effect of the first verdict was a finding of “…
2Cited by47 opinions
- United States ex rel. Hetenyi v. WilkinsCourt of Appeals for the Second Circuit · 1965
- State v. McCordSupreme Court of Kansas · 1871
- State v. SharpeSupreme Court of Iowa · 1981
- People v. SessionsMichigan Supreme Court · 1886
- State v. BakerSupreme Court of Iowa · 1954
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