State v. Neeley
Supreme Court of Iowa
Appeal from Pollc District Court. The indictment charges the prisoner with murder in the ■second degree, as follows: that on the 1st day of August, 1864, the prisoner shot, &c., Patrick Casady, “with intent in so doing then and there and thereby, feloniously, intentionally, willfully, maliciously and deliberately to kill and murder him the said Patrick Casady, and then and there and thereby the said James Neely feloniously, intentionally, willfully, maliciously and…
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Appeal from Pollc District Court. The indictment charges the prisoner with murder in the ■second degree, as follows: that on the 1st day of August, 1864, the prisoner shot, &c., Patrick Casady, “with intent in so doing then and there and thereby, feloniously, intentionally, willfully, maliciously and deliberately to kill and murder him the said Patrick Casady, and then and there and thereby the said James Neely feloniously, intentionally, willfully, maliciously and deliberately did shoot and kill and murder the said Patrick Casady contrary, &c.’’ Plea, “ not guilty.” Trial, verdict of guilty.…
1Opinion of the CourtWright, J.
i. indictder¿fore“ce thought, I. The defendant first insists that the indictment is defective in failing to charge that the homicide was perpetrated with “ malice aforethought,” or by the use of words of similar import. IN o objection was made to the indictment at any stage of the proceedings in the court below. However essential these words were at common law, our opinion is, that under the statute this indictment sufficiently charges murder in the second degree. It seems to us that no one can read it, in connection with the statutory definition of this offense, without at once being brought…
2Cases cited3 opinions
- People v. StoneciferCalifornia Supreme Court · 1856
- State v. ThompsonSupreme Court of Iowa · 1859
- State v. JohnsonSupreme Court of Iowa · 1859
3Cited by32 opinions
- State v. CainWest Virginia Supreme Court · 1882
- State v. HatfieldWest Virginia Supreme Court · 1900
- Lewis v. StateSupreme Court of Alabama · 1874
- Batten v. StateIndiana Supreme Court · 1881
- Duncan v. StateCourt of Criminal Appeals of Oklahoma · 1914
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