Legal Opinion

State v. Cruise

Supreme Court of Iowa

Decided October 16, 1865PublishedCited by 5 opinions

Appeal from, Dubuque District Court. Criminal law — declarations of prisoner when evidence: alibi, &c. — The defendant above named, and one A. M. Conlding, were jointly indicted for larceny. The defendant, Cruise, was tried separately and convicted. From tbe evidence the following facts, material to the only question decided by the court, appear.

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Appeal from, Dubuque District Court. Criminal law — declarations of prisoner when evidence: alibi, &c. — The defendant above named, and one A. M. Conlding, were jointly indicted for larceny. The defendant, Cruise, was tried separately and convicted. From tbe evidence the following facts, material to the only question decided by the court, appear. On Tuesday, the 13th day of December, 1861, one Johnson had eleven head of cattle stolen from him, and it was for this theft that defendant and Conkling were indicted. Conkling resided near Johnson, and Cruise had, until a few days before, lived with…

1Opinion of the CourtDillon, J.

criminal Nations ofpnson According to the State’s theory, Cruise and Conkling jointly stole the cattle on the night of the 13th of December, sold them in Galena on the afternoon of the 14th, and Conkling, with the two wag returning from Galena home via Catfish, on the night of the 14th, at the time he met the man he supposed to be dead, but who turned out to be drunken, in the road near Cady’s. The testimony of Cady identifying Conkling as being at his house at midnight on the 14th, and leaving with' two horses, was material, and of a most damaging character to the defendant. It harmonized…

2Cases cited3 opinions

  1. State v. De WolfSupreme Court of Connecticut · 1830
  2. County of Mahaska v. IngallsSupreme Court of Iowa · 1864
  3. People v. VaneNew York Supreme Court · 1834

3Cited by5 opinions

  1. Spaulding v. LaybournSupreme Court of Iowa · 1914
  2. Boyd v. First National BankSupreme Court of Iowa · 1868
  3. Kesselring v. HummerSupreme Court of Iowa · 1906
  4. Lingenfelter v. St. ClairSupreme Court of Iowa · 1917
  5. United States ex rel. Lewers & Cooke, Ltd. v. Burrell Construction Co.District Court, D. Hawaii · 1910

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