State v. Fidment
Supreme Court of Iowa
Appeal from Blackhcmk District Court. Defendant was indicted and convicted of burning a stack of hay and a stable and granary, the property of Samuel Canfield, and, being under the age of twelve years, was sentenced to the reform school for the term of two years; he appeals to this court.
1Opinion of the Court
Deck, Oh. J.
1. Criminal law: duplicity of indictment. I. The indictment charges that defendant on the 6th day of September, 1871, set fire to and burned a stack of hay of the value of $300; and on the same day did burn a building used as a d 0 stable and granary. At the trial the counsel *542of defendant moved the court to require the State to elect upon which count of the indictment defendant should be put on trial. The motion was overruled. It should have been sustained. That the indictment was intended to charge the commission of two distinct offenses, is made plain by the fact that evidence…
2Cases cited1 opinion
- State v. McPhersonSupreme Court of Iowa · 1859
3Cited by14 opinions
- State v. HoferSupreme Court of Iowa · 1947
- State v. . WhitenerSupreme Court of North Carolina · 1926
- State v. StormsSupreme Court of Iowa · 1901
- State v. DavisSupreme Court of Iowa · 1989
- State v. JonesSupreme Court of Iowa · 1962
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