State v. O'Niel
Supreme Court of Iowa
Appeal from AlamaTcee District Court. The defendant was tried upon the following indictment : “ The grand jury of the county of Alamakee, in the name and by the authority of the State of Iowa, accuse Charles O’Niel of the crime of murder of the first degree, committed as follows: First count: The said Charles O’Niel, on the 12th day of August, A. D. 1866, in the county aforesaid upon Barney Leavy then and there being, willfully, deliberately, with premeditation and malice'…
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Appeal from AlamaTcee District Court. The defendant was tried upon the following indictment : “ The grand jury of the county of Alamakee, in the name and by the authority of the State of Iowa, accuse Charles O’Niel of the crime of murder of the first degree, committed as follows: First count: The said Charles O’Niel, on the 12th day of August, A. D. 1866, in the county aforesaid upon Barney Leavy then and there being, willfully, deliberately, with premeditation and malice' aforethought, did make an assault, and that he, the said Charles O’Niel, with a knife, the said Barney Leavy in and upon…
1Opinion of the Court
Core, J".
■cbimikai. ' mentí: murder, That it was necessary in an indictment for murder at the common law, to charge specifically that the accused murdered the deceased, may well be conceded in view of the authorities cited by the defendant’s counsel. Bouvier’s Law Dic., title ‘‘Murder;” 2 Arch. Crim. Pr. & Pl. 254, 257, note 13; Blackstone’s Com. 321; 4 Id. 307; 1 Chitty’s Crim. Law, 243; 1 Russ. on Crim. Law, 562, 563; 2 Hale, 184, 187; 2 Hawks. Pl. C. C. 23, § 77; 1 East’s P. C. ch. 5, § 117, p. 347; Foster, 424; Yelverton, 205; Wharton’s Am. Law of Hom. 250 et seq.; Commonwealth v. Gibson,…
2Cases cited2 opinions
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