State v. Smith
Supreme Court of Iowa
Appeal from Dubuque District Court, Arson. — The property destroyed is described as a.“ certain building there situate called a barn, belonging,” etc. As to wbat the building was, whether a barn, a stable or a cow shed, the testimony is very conflicting. It was 16x45 feet, made of posts, ten feet high, with split rails nailed to them; was thatched and covered with straw; had three doors, and could be closed or shut up tight.
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Appeal from Dubuque District Court, Arson. — The property destroyed is described as a.“ certain building there situate called a barn, belonging,” etc. As to wbat the building was, whether a barn, a stable or a cow shed, the testimony is very conflicting. It was 16x45 feet, made of posts, ten feet high, with split rails nailed to them; was thatched and covered with straw; had three doors, and could be closed or shut up tight. It was not used for horses, but for cows, sheep, etc. Some of the witnesses speak of it as a stable; others as a cattle shed; and still others as a barn. One says, “ I…
1Opinion of the CourtWright, J.
1. CEisimii, comi to "direct acquittal. We are very clear that this instruction was erroneous. It took from the hands of the jury a question of fact as to whether there was conflict in the testimony, and which it was their province, and not that of the court, to determine. The State, equally with the prisoner, has a *567right to the opinion or verdict of the jury upon any question of fact which the testimony leaves in doubt. If this is not so, then as well abolish this method of trial.
Of course we do not say that the court might not direct an acquittal when there is no testimony sustaining the…
2Cases cited2 opinions
- Trustees of Brimfield v. Commissioners of PortageOhio Supreme Court · 1840
- Chapman v. CommonwealthSupreme Court of Pennsylvania · 1840
3Cited by9 opinions
- State v. HoloubekSupreme Court of Iowa · 1954
- State v. AndersonSupreme Court of Iowa · 1948
- Jackson v. StateSupreme Court of Alabama · 1906
- State v. GibsonSupreme Court of Iowa · 1896
- State v. HeathSupreme Court of Iowa · 1937
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