State v. Leslie
Supreme Court of Iowa
Appeal from Pottawattamie District Court.— Host. O. D. Wheeler, Judge. Indictment for willfully and maliciously burning a pile of railroad ties, tbe property of another. The defendant was convicted, and appeals.—
1Opinion of the CourtWeaver, J.
I. The first point made in appellant’s argument is grounded upon the theory that the indictment fails to allege that the act charged against the defendant was done maliciously. An amended abstract has been filed by the State, showing that counsel has misapprehended the record in this respect, and that the indictment does in fact charge malice, and is therefore not open to the criticism made upon it in the appellant’s brief.
II. The point is next made that the court gave to the jury an erroneous instruction as to the definition and nature *105of the malice necessary to be proved in order to justify…
2Cases cited14 opinions
- State v. LightfootSupreme Court of Iowa · 1899
- Commonwealth v. WilliamsMassachusetts Supreme Judicial Court · 1872
- State v. . HillSupreme Court of North Carolina · 1878
- State v. JohnsonWyoming Supreme Court · 1898
- United States v. GideonSupreme Court of Minnesota · 1856
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3Cited by7 opinions
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- People v. JonesIllinois Supreme Court · 1909
- State v. BerrySouth Dakota Supreme Court · 1920
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