State v. White
Supreme Court of Iowa
Appeal from Dubuque District Oou/rt. The defendant was indicted for the crime of “ an assault with intent to commit murder.” He pleaded not guilty. Upon a trial before a jury he was found guilty of an assault with intent to commit the crime of manslaughter, and sentenced to imprisonment in the penitentiary for the term of eighteen months at hard labor. From this judgment he appeals to this court.
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Appeal from Dubuque District Oou/rt. The defendant was indicted for the crime of “ an assault with intent to commit murder.” He pleaded not guilty. Upon a trial before a jury he was found guilty of an assault with intent to commit the crime of manslaughter, and sentenced to imprisonment in the penitentiary for the term of eighteen months at hard labor. From this judgment he appeals to this court. Under a statute similar to ours, it has been held that one indicted for assault with intent to commit murder cannot be convicted of assault with intent to commit manslaughter. \Mormon v. The State,…
1Opinion of the Court
Miller, Ch. J. —
The appellant was indicted for the crime of an assault with intent to commit murder. He pleaded not guilty, and upon the trial the court charged the jury in sub-* stance that, if they believed the defendant committed an assault, but did not commit the same with the intent to murder, they could still, under this indictment, find the defendant guilty of an assault with intent to commit manslaughter or great bodily harm. The jury returned a verdict of guilty of an assault with intent to commit manslaughter, upon which the court rendered judgment of imprisonment in the…
2Cases cited3 opinions
- Morman v. StateCourt of Appeals of Mississippi · 1852
- State v. JarvisSupreme Court of Iowa · 1866
- Gardenheir v. StateTexas Supreme Court · 1851
3Cited by12 opinions
- State v. BrownSupreme Court of New Jersey · 1956
- In Re Brandon v. WebbWashington Supreme Court · 1945
- Brantley v. StateWyoming Supreme Court · 1900
- State v. JohnsonNorth Dakota Supreme Court · 1893
- State v. MurraySupreme Court of Kansas · 1910
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