Legal Opinion

State v. Wolf

Supreme Court of Iowa

Decided December 19, 1902PublishedCited by 3 opinions

Appeal from Roweshieh District Court. — Hon. W. G. Clements, Judge. Dependant was indicted with others for assaulting and ravishing a female over the age oE consent. They were tried jointly, and a conviction was reversed in this court. See 112 Iowa, 458. This defendant alone was then tried, and convicted of assault with intent to commit rape, and from sentence therefor he now appeals.

1Opinion of the CourtMcClain, J.

i APPI5AI.- abdraceonSond appeal. The second trial was had on the same evidence as that which was introduced on the first trial, and appellant asks that the abstract of the evidence presen^ed on the first appeal be considered as an abstract th reof for this appeal. We know of nQ or ru]0 authorizing us to thus refer lo the record on the former appeal for the purpose of *565determining the questions on the second appeal in the same case, even though it may be clear that the evidence introduced on the second trial was the identical evidence used on the first trial. As at present advised, we are not…

2Cases cited11 opinions

  1. People v. GageMichigan Supreme Court · 1886
  2. Oleson v. StateNebraska Supreme Court · 1881
  3. Higgins v. . People of the State of N.Y.New York Court of Appeals · 1874
  4. Topolanck v. StateTexas Supreme Court · 1874
  5. State v. WheelerSupreme Court of Iowa · 1902

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3Cited by3 opinions

  1. State v. IcenbiceSupreme Court of Iowa · 1904
  2. State v. BebbSupreme Court of Iowa · 1904
  3. State v. CasperNew York Court of General Session of the Peace · 1926

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