Legal Opinion

State v. Hochmuth

Supreme Court of Iowa

Decided April 8, 1964No. 51229PublishedCited by 33 opinions

1Opinion of the CourtGareield, C. J.

— Defendant has appealed from conviction of receiving stolen goods of a value in excess of $20, in violation of section 712.1, Code, 1962. His sole complaint is that the jury was erroneously instructed to convict if it found defendant “bought, received, or aided in concealing” the goods, whereas the information alleged the crime was committed merely by receiving the goods. Thus it is said the instructions required a finding of guilt upon a state of facts not charged in the information. We think the assigned error must be sustained.

The county attorney’s information under which defendant was…

2Cases cited19 opinions

  1. State v. McGrawWest Virginia Supreme Court · 1955
  2. Hamilton v. StateSupreme Court of Florida · 1937
  3. State v. LewisSupreme Court of Iowa · 1895
  4. State v. MeanySupreme Court of Minnesota · 1962
  5. State v. FaughtSupreme Court of Iowa · 1963

14 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. State v. DuncanSupreme Court of Iowa · 1981
  2. State v. BakkerSupreme Court of Iowa · 1978
  3. State v. HagenSupreme Court of Iowa · 1965
  4. State v. AldrichSupreme Court of Iowa · 1975
  5. State v. NelsonSupreme Court of Iowa · 1975

28 more not listed; retrieve them via the Exa API.

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