State v. Murray
Supreme Court of Iowa
Appeal from Dubuque Dist/rict Court. On the 23d day of June, 1873, the following information was filed before H. Tuttle, a justice of the peace of Dubuque county: “ State of Iowa, Dubuque county, ss: The State oe Iowa' v. James Murray, and Patrick Murray. -Before H. Tuttle, justice of the peace. • The defendants are accused of the crime of assault, for that the defendants on the 2d day of June,-A. D., 1873, at the county of Dubuque, and State of Iowa, did willfully and…
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Appeal from Dubuque Dist/rict Court. On the 23d day of June, 1873, the following information was filed before H. Tuttle, a justice of the peace of Dubuque county: “ State of Iowa, Dubuque county, ss: The State oe Iowa' v. James Murray, and Patrick Murray. -Before H. Tuttle, justice of the peace. • The defendants are accused of the crime of assault, for that the defendants on the 2d day of June,-A. D., 1873, at the county of Dubuque, and State of Iowa, did willfully and maliciously assault one Bridget McCoy, contrary to the statute in such cases made and provided, and against the peace and…
1Opinion of the Court
Miller, Ch. J. —
Section 5057 of the Revision (Code, Sec. 4662), provides that an information before a justice, of the peace, charging the commission of a public offense, “ must contain * * * a statement of the acts constituting the offense in ordinary and concise language, and the time and place of the commission of the offense, as near as may be.”
The information in this case fails to comply with this provision of the statute, in that the“ acts constituting the offense ” are not stated therein. It accuses the defendants with committing an assault, for that they committed an assault. It would…
2Cited by6 opinions
- Gandy v. StateNebraska Supreme Court · 1882
- State v. ButcherSupreme Court of Iowa · 1890
- State v. CollinsSupreme Court of Iowa · 1916
- State v. BeverlinSupreme Court of Kansas · 1883
- Dunn v. United StatesSupreme Court of the United States · 1932
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