State v. Smith
Supreme Court of Iowa
Appeal from Monroe District Court.— Hon. F. W. Eiciiilberger, ’Judge. Ti-ie defendant was put on trial for murder, and was convicted of murder in the second degree. From the judgment he appeals.
1Opinion of the CourtBishop, J.
It is conceded that at the time and place alleged in the indictment the defendant shot and killed one Samuel Irving. At the close of all the evidence the defendant presented a motion which in effect asked that the charge of murder be withdrawn and the case submitted to the jury simply on the charge of manslaughter.
1. Criminal law: waiver of ruling. Counsel say in argument that this motion was overruled.- But the record before us does not show any such ruling. Accordingly it must be presumed that a ruling was waived. State v. Ross, 21 Iowa, 467. And in this'view there is nothing before us on…
2Cases cited3 opinions
- State v. RossSupreme Court of Iowa · 1866
- State v. StanleySupreme Court of Iowa · 1878
- Moody v. St. P. & S. C. R.Supreme Court of Iowa · 1875