State v. Rainsbarger
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. D. D. Miracle, Judge. Defendant was indicted by the grand jury of Hardin county for the crime of assault with intent to commit murder, alleged to have been committed as follows: “The. said Joseph Rainsbarger, on the twenty-seventh day of February, 1886, in the county aforesaid, in and upon one Christian Smith, did commit an assault with a deadly weapon, being a revolver loaded with powder and ball, and held in the hands of the said…
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Appeal from Hardin District Court. — Hon. D. D. Miracle, Judge. Defendant was indicted by the grand jury of Hardin county for the crime of assault with intent to commit murder, alleged to have been committed as follows: “The. said Joseph Rainsbarger, on the twenty-seventh day of February, 1886, in the county aforesaid, in and upon one Christian Smith, did commit an assault with a deadly weapon, being a revolver loaded with powder and ball, and held in the hands of the said Joséph Rainsbarger, then and there did wilfully, feloniously, and with malice aforethought, shoot off and discharge the…
1Opinion of the CourtGiven, J.
intent to kill: evidence to convict. 1. AssiuxT with I. Counsel for appellant urge in argument that the evidence is insufficient to sustain the veráich and that the court erred in giving and refusing certain instructions. The testimony shows without conflict that about five o’clock p. m., of the day named, the defendant was on horseback, in the road in front of Christian Smith’s house, and that he then and there discharged a' revolver once or twice. That at that time Smith was squatted down alongside of his corn-crib, his back towards the gate opening into the highway, engaged in picking up…
2Cases cited1 opinion
- Way v. LambSupreme Court of Iowa · 1863
3Cited by3 opinions
- State v. SchnepelMontana Supreme Court · 1900
- State of Iowa v. Randy Allen CrawfordSupreme Court of Iowa · 2022
- State v. BranchIdaho Supreme Court · 1945