State v. Boyle
Supreme Court of Iowa
Appeal from General Term, Eighth District (Cedar County). The defendant was indicted for the murder of his mother, Mary Boyle, on the 8th day of June, 1869, and, upon trial at the December term, 1869, of the District Court of Cedar county, was convicted of murder in the second degree, and sentenced to confinement in the penitentiary for the term of his natural life. Upon appeal to the General Term the judgment of the District Court was affirmed.
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Appeal from General Term, Eighth District (Cedar County). The defendant was indicted for the murder of his mother, Mary Boyle, on the 8th day of June, 1869, and, upon trial at the December term, 1869, of the District Court of Cedar county, was convicted of murder in the second degree, and sentenced to confinement in the penitentiary for the term of his natural life. Upon appeal to the General Term the judgment of the District Court was affirmed. The defendant now appeals to this court.
1Opinion of the CourtBeck, J.
The indictment charges that the killing was “ willful, felonious, premeditated and with malice aforethought.”
The court instructed the jury that the indictment sufficiently charged defendant with the crime of murder in the first degree, and that he could be convicted thereon of that crime; that the omission in the indictment of the word “ deliberate,” in describing the killing, is immaterial, as its meaning is substantially the same as the word “ premeditated,” which is used. The prisoner’s counsel asked an instruction to the effect, that, because of the omission of that word, the indictment…
2Cases cited3 opinions
- State v. McCormickSupreme Court of Iowa · 1869
- State v. TweedySupreme Court of Iowa · 1860
- Fouts v. StateSupreme Court of Iowa · 1854
3Cited by21 opinions
- State v. SharpeSupreme Court of Iowa · 1981
- Jewell v. Territory of OklahomaSupreme Court of Oklahoma · 1896
- State v. O'DonnellSupreme Court of Iowa · 1916
- State v. HughesNevada Supreme Court · 1909
- People v. SmithCalifornia Supreme Court · 1901
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