State v. Carpenter
Supreme Court of Iowa
Appeal from Delaware District Court. Assault and battery : assault with intent, etc. —r Before a justice of the peace, the following complaint was filed: “ The defendant is accused of, the crime of an assault and battery. For that the defendant on, etc., at, etc., did then and there willfully and maliciously strike and beat C. D., with intent of doing her great bodily injury.” This information was duly signed and sworn to.
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Appeal from Delaware District Court. Assault and battery : assault with intent, etc. —r Before a justice of the peace, the following complaint was filed: “ The defendant is accused of, the crime of an assault and battery. For that the defendant on, etc., at, etc., did then and there willfully and maliciously strike and beat C. D., with intent of doing her great bodily injury.” This information was duly signed and sworn to. The defendant was arrested, tried to a jury before the justice, and a verdict returned as follows: “"We, the jury, find the defendant guilty of assault and battery, with…
1Opinion of the CourtDillon, J.
Criminal law : information.' Our statute discriminates between an ordinary “ assault and battery ” and an “ assault with intent to -inflict a great bodily injury.” Of the former, justices of the peace, without the intervention of a grand jury, have exclusive original jurisdiction. Bev. § 4499, snbdiv. 3.
Of the latter, the District Court, upon presentment by a grand jury, has exclusive original jurisdiction. Bev. § 4217.
The charging part of the present information, after giving date and venue, alleges, that the defendant “ did strike and beat C. D. with intent of doing her great bodily injury.”
2Cited by4 opinions
- State v. MitchellSupreme Court of Iowa · 1908
- State v. BrackeySupreme Court of Iowa · 1916
- State v. CummingsSupreme Court of Iowa · 1905
- State ex rel. City of Dubuque v. BabcockSupreme Court of Iowa · 1900