Legal Opinion

State v. Knouse

Supreme Court of Iowa

Decided February 23, 1871PublishedCited by 9 opinions

Appeal from Ringgold District Count. Defendant was indicted for murder, convicted of murder in the second degree, and sentenced to the penitentiary for life. Upon appeal to this court this judgment, at the June term, 1870, was reversed, for the reason that, while defendant was put upon trial for murder in the first degree, the indictment charged the crime of murder in the second degree only.

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Appeal from Ringgold District Count. Defendant was indicted for murder, convicted of murder in the second degree, and sentenced to the penitentiary for life. Upon appeal to this court this judgment, at the June term, 1870, was reversed, for the reason that, while defendant was put upon trial for murder in the first degree, the indictment charged the crime of murder in the second degree only. The defendant, after remaining in the penitentiary about four months, was released on bail. At the September term, 1870, of said court, the defendant was again put on trial for murder in the second…

1Opinion of the CourtDay, J.

1. Criminal law; failure to file procedendo. I. It is claimed that the proceedings in the court below were coram non.judice, and are void; that, in the absence of a procedendo from the supreme court, the district court was without jurisdiction in the premises, and that by submitting to trial, without objection, the defendant could not *367confer jurisdiction. The claim of the defendant, in our opinion, is without legal support. The former judgment was, in fact, reversed, as this record disclosed, at the June term, 1870, of the supreme court. The defendant was placed upon trial at the September…

2Cases cited2 opinions

  1. State v. RedmanSupreme Court of Iowa · 1864
  2. People v. OlwellCalifornia Supreme Court · 1865

3Cited by9 opinions

  1. Ex parte BradleyIndiana Supreme Court · 1874
  2. Hogle v. SmithSupreme Court of Iowa · 1907
  3. State v. HendersonSupreme Court of Iowa · 1932
  4. Becker v. BeckerSupreme Court of Iowa · 1878
  5. State v. BanningSupreme Court of Iowa · 1928

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