State v. Hessenkamp
Supreme Court of Iowa
Appeal from Benton District Court. The defendant is indicted under § 4331 of tbe Revision, for .willfully and maliciously placing obstructions on tbe track of a railroad in operation through tbe county of Benton ; tried, found guilty, and sentenced to imprisonment in tbe penitentiary at bard labor for tbe term of two years; and thereupon appeals to this court.
1Opinion of the CourtLowe, J.
Tbe regularity of tbe proceeding is questioned upon several grounds.
1. Indictment: sufficieny. First. It is objected that tbe indictment is not sufficient in several particulars, tbe most plausible of wbicb is, that it does not name tbe offense. Technically, this is true. But it does describe tbe offense in tbe language of tbe statute, and states tbe acts of tbe defendant constituting the offense so clearly that be could not mistake tbe matter for wbicb be stood charged. When this is done, according to § 4659, tbe indictment shall be deemed sufficient; and, indeed, we give tbe same answer to…
2Cited by10 opinions
- Kaukauna Water Power Co. v. Green Bay & Mississippi Canal Co.Supreme Court of the United States · 1891
- State v. ReidSupreme Court of Iowa · 1866
- State v. DavisSupreme Court of Iowa · 1875
- Jamison v. BurtonSupreme Court of Iowa · 1876
- Reddin v. GatesSupreme Court of Iowa · 1879
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