State v. Smith
Supreme Court of Iowa
Appeal from Monroe District Court.— Hon. Frank W. Eici-ielbeeg-er, Judge. The defendant was convicted of manslaughter, and from the judgment entered he appeals.—
1Opinion of the CourtBishop, J.
This is the second- appeal in this case.' For the opinion on former submission, see 127 Iowa, 534.
1. Conviction effecnreíe[gkchal" I. The indictment charged the defendant with the crime of murder in the first degree; and under our statute (Code, section 5407) he might be found guilty of any offense necessarily included in that charge, Manslaughter' is, of course, included in a eharge of murder. On the former trial of the defendant, he was found guilty of manslaughter, and upon his appeal to this court the judgment was reversed, and the case remanded for a new trial. By force of an elementary…
2Cases cited11 opinions
- State v. KaufmanSupreme Court of Iowa · 1879
- State v. TweedySupreme Court of Iowa · 1860
- State v. HurdSupreme Court of Iowa · 1897
- State v. ClemonsSupreme Court of Iowa · 1879
- State v. SmithSupreme Court of Iowa · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State of Iowa v. Jerin Douglas MootzSupreme Court of Iowa · 2012
- State v. ReeseSupreme Court of Iowa · 1977
- State v. MillspaughSupreme Court of Iowa · 1977
- State v. KimesSupreme Court of Iowa · 1911
- State v. BrowmanSupreme Court of Iowa · 1921
11 more not listed; retrieve them via the Exa API.