State v. Red
Supreme Court of Iowa
Appeal from Jasper District Cowrt. The defendant, with. Robert Graves, Andrew Smith and: Archie Brown, was indicted by the grand jury of Polk county for the murder of Ella Barrett on the 28th day of August, 1874. Upon petition of defendant, the venue of the cause, as to himself, was changed to Jasper county.
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Appeal from Jasper District Cowrt. The defendant, with. Robert Graves, Andrew Smith and: Archie Brown, was indicted by the grand jury of Polk county for the murder of Ella Barrett on the 28th day of August, 1874. Upon petition of defendant, the venue of the cause, as to himself, was changed to Jasper county. Upon a trial in that county he was convicted of murder in the second degree and sentenced to imprisonment in the penitentiary foi twelve years, and now prosecutes his appeal to this court.
1Opinion of the CourtBeck, J.
I. At the trial before the District Court, the prisoner was a witness in his own behalf. The court held that the rules governing the cross-examination of other witnesses applied to the cross-examination of the prisoner when testifying in his own behalf, and permitted questions to be *70asked Mm intended to lay the foundation for impeachment by contradicting the statements he made in answer thereto. The defendant insists that in this ruling the court below erred.
Our statute provides that, “ defendants in all criminal proceedings shall be competent witnesses in their own behalf, but cannot be…
2Cases cited4 opinions
- State v. VincentSupreme Court of Iowa · 1868
- State v. NorthrupSupreme Court of Iowa · 1878
- State v. GlyndenSupreme Court of Iowa · 1879
- Chase v. MorrisonSupreme Court of Iowa · 1875
3Cited by34 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- State v. CampbellSupreme Court of Kansas · 1906
- Bates v. StateSupreme Court of Florida · 1919
- State v. GreenSupreme Court of Kansas · 1994
- The People v. NachowiczIllinois Supreme Court · 1930
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