Legal Opinion

State v. Fitzgerald

Supreme Court of Iowa

Decided October 22, 1878PublishedCited by 33 opinions

Appeal from Mahaska District Gov/rt. The defendant was indicted for wilfully administering to a pregnant woman a drug and substance, and using an instrument and other means, with intent to produce the miscarriage of such' pregnant woman. Upon a trial there was a verdict of guilty, and the defendant was sentenced to the penitentiary for nine months. Defendant appeals.

1Opinion of the Court

Rothrock, Ch. J.

I. J. A. L. Crookham appeared at the instance of private parties to assist the district attorney in practice: trial °f the cause. There was no order of the district attor- e0111.f; appointing, said Crookham as associate counsel. The defendant objected to his appearance, and objected to his making any argument in the cause, and to his taking any part therein. The objection was overruled, and the defendant insists that this ruling was erroneous. .

"We think the practice of allowing district attorneys to have the assistance of associate counsel in the trial of criminal cases has…

2Cases cited3 opinions

  1. State v. NorthrupSupreme Court of Iowa · 1878
  2. State v. VawterIndiana Supreme Court · 1845
  3. Shotwell v. StateSupreme Court of Missouri · 1866

3Cited by33 opinions

  1. State v. KentNorth Dakota Supreme Court · 1895
  2. Thalheim v. StateSupreme Court of Florida · 1896
  3. United States v. RosenthalU.S. Circuit Court for the District of Southern New York · 1903
  4. Polin v. StateNebraska Supreme Court · 1883
  5. State v. O'NeilSupreme Court of Iowa · 1910

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