Legal Opinion

State v. Moran

Supreme Court of Iowa

Decided December 7, 1858PublishedCited by 16 opinions

Appeal from the Lee District Court. Indictment eor Murder. The charge is, that the said defendant did, on, &c., at, &c.,££ with force and arms, wilfully, deliberately, and with malice aforethought, kill and murder •one Mrs. Moran, whose Christian name is to the jurors unknown, with a knife, commonly known as a dirk-knife, by stabbing the said Mrs. Moran aforesaid, in her body, causing a great and mortal wound, from which said mortal wound, inflicted by the knife aforesaid,…

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Appeal from the Lee District Court. Indictment eor Murder. The charge is, that the said defendant did, on, &c., at, &c.,££ with force and arms, wilfully, deliberately, and with malice aforethought, kill and murder •one Mrs. Moran, whose Christian name is to the jurors unknown, with a knife, commonly known as a dirk-knife, by stabbing the said Mrs. Moran aforesaid, in her body, causing a great and mortal wound, from which said mortal wound, inflicted by the knife aforesaid, and by the said Patrick Moran aforesaid, the said Mrs. Moran aforesaid did die on the said day the stabbing took place.”…

1Opinion of the CourtWrigiit, C. J.

It is first urged that the court below erred in refusing to continue the cause. This question involves the consideration of chapters 1 and 134, of the laws of 1858, and is substantially the same as that determined in The State v. Smith, post, 244. In that case, the motion *238•was to strike the cause from the docket, for the same reason that defendant, in this, moved for a continuance. It was there held, that the cause was properly for trial at the special term, and to that opinion we still adhere. Following the ruling there made, we conclude that the court did not err in refusing to continue the…

2Cases cited6 opinions

  1. Cobia v. StateSupreme Court of Alabama · 1849
  2. McGee v. StateSupreme Court of Missouri · 1844
  3. State v. DowdSupreme Court of Connecticut · 1849
  4. Commonwealth v. EarleSupreme Court of Pennsylvania · 1836
  5. Brewington v. PattonSupreme Court of Iowa · 1855

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. HathawaySupreme Court of Iowa · 1896
  2. State v. RedmanSupreme Court of Iowa · 1864
  3. State v. HarperSupreme Court of Iowa · 1935
  4. Territory of Montana v. StearsMontana Supreme Court · 1875
  5. Tyson v. PeopleSupreme Court of The Virgin Islands · 2013

11 more not listed; retrieve them via the Exa API.

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