State v. Struble
Supreme Court of Iowa
Appeal from Monona District Court. The defendant, Frank Struble, was jointly indicted with Tboinas Struble and John McBride. They were charged with having broken and entered the dwelling-house of one Dr. ~W. ~W. Ordway, in Monon'a county, and in the night time, with intent to steal and carry away from the house the goods and property of Ordway. They were also charged with having assaulted Ordway with intent to murder him. The defendant, Struble, was tried alone.
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Appeal from Monona District Court. The defendant, Frank Struble, was jointly indicted with Tboinas Struble and John McBride. They were charged with having broken and entered the dwelling-house of one Dr. ~W. ~W. Ordway, in Monon'a county, and in the night time, with intent to steal and carry away from the house the goods and property of Ordway. They were also charged with having assaulted Ordway with intent to murder him. The defendant, Struble, was tried alone. He entered a plea of hot guilty, and also a plea of former acquittal. After the trial had commenced, the state elected to proceed…
1Opinion of the Court
Adams, Ch. J.
1. Criminal practice: dismissal of part of charge during trial. I. The defendant insists that the court erred in sustaining the motion of the state to dismiss as to a portion of the matter charged in the indictment. l . <3 His proposition'is that, after a trial has been entered upon, no part of the indictment can be withdrawn from consideration of the jury without the consent of the defendant. He relies upon Com. v. Jenks, 1 Gray, 490 ; Com. v. Tuck, 20 Pick., 356 ; Com. v. Scott, 121 Mass., 33 ; State v. Callendine, 8 Iowa, 288. The former acquittal relied upon was an acquittal…
2Cases cited2 opinions
- State v. CallendineSupreme Court of Iowa · 1859
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Crenshaw v. StateSupreme Court of Alabama · 1932
- People v. ClevelandMichigan Supreme Court · 1895
- State v. AikenOregon Supreme Court · 1902
- State v. HobbsSupreme Court of Iowa · 1961
- State v. NordmanSupreme Court of Iowa · 1897
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