Benham v. State
Supreme Court of Iowa
Error 'to the Linn District Court. Tina was an indictment under section 2577 of tbe Code, ©barging the defendant with haying disabled a member, to wit, the little finger of one Oliver Clark, by biting, with intent to disfigure the person of said-Clark. To this, there Was a demurrer, which was overruled.
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Error 'to the Linn District Court. Tina was an indictment under section 2577 of tbe Code, ©barging the defendant with haying disabled a member, to wit, the little finger of one Oliver Clark, by biting, with intent to disfigure the person of said-Clark. To this, there Was a demurrer, which was overruled. Plea of not guilty, ■trial, and verdict of guilty of an aggravated assault and battery; motion-in arrest of judgment, which .was overruled, and, defendant fined one hundred dollars*
1Opinion of the CourtWright, C. J.
To reverse this judgment, several errors are assigned, which we will notice in the order presented.
It is first claimed, that the court erred in overruling the demurrer to the indictment. The causes assigned in said demurrer are as follows: First. There is no criminal of-fence known to the law, charged in said indictment. /Second, Said indictment is insufficient in law to compel him to further answer thereto. By the Code, section 2958,- it is required, that a demurrer shall distinctly specify the grounds of demurrer to the indictment, or it shall be disregarded, Under this section, the court…
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