State v. Cather
Supreme Court of Iowa
Appeal from Marshall District Court. — HoN. Geoege W Buekiiam, Judge. DeeeNDANT was indicted for an assault with intent to commit murder, and was convicted of the crime of an assault with intent to commit manslaughter. From the judgment and sentence imposed, he appeals
1Opinion of the CourtDeeMeb, J.
*108i imtoxic\ tonoiwit?" ness' *107It is claimed that when the assault was committed, defendant was so drunk as to be incapable of forming an intent. His counsel offered witnesses to prove his condition in this respect, and we extract from the record the following, which presents the first question relied upon for a reversal: “Q. Was Gather noticeably intoxicated? (Objected to as incompetent, irrelevant, and immaterial, and asking for the opinion or conclusion of the witness.) Court. I suppose he can state his appearance and what he did, and the jury must determine whether he'was intoxicated, or…
2Cases cited9 opinions
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- State v. NorthrupSupreme Court of Iowa · 1878
- Bailey v. City of CentervilleSupreme Court of Iowa · 1899
- State v. BellSupreme Court of Iowa · 1870
- State v. WolfSupreme Court of Iowa · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. DavisSupreme Court of Iowa · 1972
- State v. HartungSupreme Court of Iowa · 1948
- State v. WheelockSupreme Court of Iowa · 1934
- State v. WilsonSupreme Court of Iowa · 1913
- State of Iowa v. Jeffrey John MyersSupreme Court of Iowa · 2019
11 more not listed; retrieve them via the Exa API.