State v. Hockenberry
Supreme Court of Iowa
Appeal from Johnson District Court. The defendants, William Ilockenberry and Isaac Brandt, were indicted for wilfully and maliciously injuring and defacing the dwelling of one Oliver Lundy. Defendants demurred to the indictment, assigning as cause therefor that it charged two distinct offenses in the same count. This demurrer was overruled. Plea, “ not guilty.” On the trial the defendant asked certain instructions to the jury which were refused by the court.
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Appeal from Johnson District Court. The defendants, William Ilockenberry and Isaac Brandt, were indicted for wilfully and maliciously injuring and defacing the dwelling of one Oliver Lundy. Defendants demurred to the indictment, assigning as cause therefor that it charged two distinct offenses in the same count. This demurrer was overruled. Plea, “ not guilty.” On the trial the defendant asked certain instructions to the jury which were refused by the court. Yeruiet, guilty, and defendant appeals, assigning as error the ruling of the court upon the demurrer, and the refusal to give the…
1Opinion of the CourtLowe, C. J.
I. Upon conviction the defendants were fined one dollar each, upon a charge of maliciously injuring the dwelling of one Oliver Lundy. It is claimed that inasmuch as the indictment alleges that the defendants both injured and defaced the dwelling in question, it contained a charge of two offenses. This, however, is a misconception. See Bish. Crim. Law, sections 535 and 680; The State of Iowa v. Cooster, 10 Iowa 453.
II. In order to bring before this court the question whether the verdict was against the evidence, a motion for a new trial should have been made in the court below, and all the…
2Cases cited1 opinion
- State v. CoosterSupreme Court of Iowa · 1860
3Cited by5 opinions
- State v. PhippsSupreme Court of Iowa · 1895
- Burlington Gas Light Co. v. Geeen, Thomas & Co.Supreme Court of Iowa · 1866
- Robinson v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Todd v. BrannerSupreme Court of Iowa · 1870
- Territory v. BakerNew Mexico Supreme Court · 1887