State v. Shaffer
Supreme Court of Iowa
Appeal from, H&rny District Gowrt. The indictment in this case charges that the defendant broke and entered the barn of J. M. Holland in which barn goods and merchandise and other things of value were kept for use, sale and deposit, with felonious intent to take, steal, and carry away the goods, merchandise, and other valuable things; and twenty bushels of wheat of the value of $14, six sacks of the value of $2, and one bridle of the value of $1.50 of the goods of J. M.…
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Appeal from, H&rny District Gowrt. The indictment in this case charges that the defendant broke and entered the barn of J. M. Holland in which barn goods and merchandise and other things of value were kept for use, sale and deposit, with felonious intent to take, steal, and carry away the goods, merchandise, and other valuable things; and twenty bushels of wheat of the value of $14, six sacks of the value of $2, and one bridle of the value of $1.50 of the goods of J. M. Holland did feloniously take, steal, and carry away, etc. There was a verdict of guilty and judgment thereon, from which the…
1Opinion of the CourtRothrook, J.
l. indicttiSgíáry: dupiieity. I. The defendant after verdict moved in arrest of judgment on the ground that the indictment is insufficient and void. The motion was overruled and the defendant assigns the action of the court overruling the same as error. He insists that the indictment is bad’ for duplicity in that it charges a felonious breaking with intent to commit larceny, and also the commission of larceny. In State v. Hayden, 45 Iowa, 11, an indictment which was in substance the same as that in this case was sustained. It was held that the charge of stealing might be regarded as a mere…
2Cases cited3 opinions
- Ingalls v. StateWisconsin Supreme Court · 1880
- State v. HaydenSupreme Court of Iowa · 1876
- State v. Ridley & JohnsonSupreme Court of Iowa · 1878
3Cited by16 opinions
- State v. BradySupreme Court of Iowa · 1903
- State v. RiversSupreme Court of Iowa · 1886
- State v. DarrahIdaho Supreme Court · 1939
- State v. JenningsSupreme Court of Iowa · 1890
- State v. BrundigeSupreme Court of Iowa · 1902
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