Myers v. Clearman
Supreme Court of Iowa
Appeal from Johnson District Court.— Hon. O. A. Byington, Judge. The plaintiff was arrested on preliminary information charging bim with having assaulted his wife, Anna Meyers, with intent to inflict great bodily harm. On hearing, he was bound over to the grand jury, and executed a bond for his appearance. Thereafter the surety on the bond delivered him to the sheriff, and he then sued out a writ of habeas corpus.
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Appeal from Johnson District Court.— Hon. O. A. Byington, Judge. The plaintiff was arrested on preliminary information charging bim with having assaulted his wife, Anna Meyers, with intent to inflict great bodily harm. On hearing, he was bound over to the grand jury, and executed a bond for his appearance. Thereafter the surety on the bond delivered him to the sheriff, and he then sued out a writ of habeas corpus. On the return made, a hearing was had, and an order of discharge entered. The State appeals.
1Opinion of the CourtLadd, J.
1. Assault habeas corpus. It appeared from the evidence that the accused and his wife, who had not lived together for some time, were on the way to the mayor’s office with the view of adjusting their difficulties. She was some steps and, without warning, he turned and struck her on the face and neck. Shortly afterwards he pointed a revolver at her, with the remark that he would fill her so full of holes that daylight would shine through her. Lie did not shoot, and there was no other showing as to whether the revolver was loaded. The blow was not severe enough to amount to more than a battery;…
2Cases cited15 opinions
- Bonnett ex rel. Newmeyer v. BonnettSupreme Court of Iowa · 1883
- State v. ShepardSupreme Court of Iowa · 1859
- Kunkle v. StateIndiana Supreme Court · 1869
- Drumb v. KeenSupreme Court of Iowa · 1877
- State v. HerronMontana Supreme Court · 1892
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3Cited by5 opinions
- Holloway v. United StatesSupreme Court of the United States · 1999
- United States v. Terry L. AdamsCourt of Appeals for the Sixth Circuit · 2001
- Morrison v. DwyerSupreme Court of Iowa · 1909
- State v. MiloOregon Supreme Court · 1928
- Holloway v. United StatesSupreme Court of the United States · 1999