State v. Roscum
Supreme Court of Iowa
Appeal from Des Moines District Court.— Hon. W. S. Withrow, Judge. Dependant was charged with willfully, unlawfully, maliciously, and mischievously pulling up, carrying away, ..and severing from the land of one Anderson 41 fruit trees -then and there standing and growing, and on a trial to a jury -had in 1901 was convicted. This conviction was set aside on appeal to this court. See 119 Iowa, 330. He was again ■ tried in 1904, and. convicted, and now appeals from the judgment.
1Opinion of the CourtMcClain, J.
severing carrying away fruit trees; instructions. i malicious MiscHiEE-^nd The only "evidence tending to connect defendant with the crime was the finding, among the trees recently planted in defendant’s orchard, of four "trees, which "by certain marks the prosecuting witness, Anderson, and other witnesses identified as among the trees taken from Anderson’s premises in the commission of the crime charged. Complaint is made of the instructions of the court as to the weight to be given by the jury to this evidence, but we think the instructions were not erroneous in this respect. The jury were…
2Cases cited3 opinions
- State v. PhippsSupreme Court of Iowa · 1895
- State v. LindeSupreme Court of Iowa · 1880
- State v. WilliamsonSupreme Court of Iowa · 1886
3Cited by1 opinion
- State Savings Bank v. MillerSupreme Court of Iowa · 1910