State v. Parish
Supreme Court of Iowa
Appeal from Benton District Court. Dependant was indicted for an assault with a dangerous weapon, etc., in and upon one McClaney. On- the trial, the State introduced the party injured; proved by him the body of the offense, and, upon his testimony alone, rested the case. The defense introduced witnesses who testified that the general character of said McClaney for truth and veracity was not good, and rested.
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Appeal from Benton District Court. Dependant was indicted for an assault with a dangerous weapon, etc., in and upon one McClaney. On- the trial, the State introduced the party injured; proved by him the body of the offense, and, upon his testimony alone, rested the case. The defense introduced witnesses who testified that the general character of said McClaney for truth and veracity was not good, and rested. The State undertook to sustain the general character of the prosecuting witness, and then, for the purpose of corroborating and sustaining him, proposed to prove by a witness, present at…
1Opinion of the CourtWright, J.
1. Criminal law: rebutting evidence. The names of the witness offered by the State was not on the indictment, nor was any one examined before the grand jury, other than , ^ ° , , said McCianey, nor was any notice given that other witnesses would be introduced on the trial. And the single question is, could the State make this proof in this way to sustain the main witness, and rebut the testimony offered by the defendant.
The statute, in prescribing the order of trial in criminal cases, directs (subdivision two, § 4785), that the district attorney must first offer the evidence in support of the…
2Cases cited3 opinions
- Darlington v. TaylorSupreme Court of Pennsylvania · 1855
- Nason v. WoodwardSupreme Court of Iowa · 1864
- State v. GillickSupreme Court of Iowa · 1859
3Cited by11 opinions
- State v. HephnerSupreme Court of Iowa · 1968
- State v. RiversSupreme Court of Iowa · 1886
- State v. AndersonSupreme Court of Iowa · 1968
- State v. WatsonSupreme Court of Iowa · 1890
- State v. GulliverSupreme Court of Iowa · 1913
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