Legal Opinion

State v. Maxwell

Supreme Court of Iowa

Decided June 9, 1879PublishedCited by 4 opinions

Appeal from Cedar District Court. There was filed before a justice of the peace an information charging the defendant with the commission of an assault and battery. The defendant pleaded not guilty, and a former conviction for the same offense. Being convicted the defendant appealed to the District Court, where there was a trial on the same issues, the defendant was again convicted, and he appeals.

1Opinion of the CourtServers, J.

l criminal Identity^?1'ol’ fenses. — The State introduced evidence tending to establish the crime charged and rested. Whereupon the defendant introduced as a witness R. Pritchard, who testified he was a justice of the peace, and pig docket was admitted in evidence. It tended to show a former conviction for the same offense. The information filed before the justice was also introduced, and tended *315•to prove the same thing. The defendant then asked Pritchard “whether the offense which is- charged in that information is the same one that has been testified to here to-day by these witnesses,” and…

2Cited by4 opinions

  1. State v. WatermanSupreme Court of Iowa · 1893
  2. State v. BartlettSupreme Court of Iowa · 1917
  3. People ex rel. Hunt v. Markell, New York County Courts1898
  4. Burdge v. StateOhio Supreme Court · 1895

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