State v. Watrous
Supreme Court of Iowa
Appeal from Pollc District Court. This indictment contains two counts. The first accuses tbe defendant of tbe crime of willful trespass, by cutting down and destroying timber and wood on the land of another, for that be did on, &c., in tbe county of Polk, &c., unlawfully and willfully cut down and destroy timber and wood standing and growing on tbe land of one William C. Allen, to wit: tbe N. E. quarter, &c.
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Appeal from Pollc District Court. This indictment contains two counts. The first accuses tbe defendant of tbe crime of willful trespass, by cutting down and destroying timber and wood on the land of another, for that be did on, &c., in tbe county of Polk, &c., unlawfully and willfully cut down and destroy timber and wood standing and growing on tbe land of one William C. Allen, to wit: tbe N. E. quarter, &c. Tbe second is like tbe first, except that tbe charge is for carrying away timber and wood, being upon tbe land of tbe said Allen, &c. Trial, and verdict of guilty on both counts, and…
1Opinion of the CourtWright, J.
1. That tbe venue is alleged with sufficient certainty in this indictment, we entertain no doubt. Tbe place, as well as tbe time, is once stated, and need not, therefore, be afterwards alleged. (§ 4660.) From tbe language used, tbe mind can readily understand that tbe offense was committed within .the jurisdiction of tbe District Court *493of Polk county. The failure, in the description of the laud, to locate it west of the fifth meridian, is of no importance, for aside from this the county is clearly stated, and we know that if in Polk county, it must be west of that line.
II. The statute…
2Cases cited5 opinions
- State v. MarvinSupreme Court of Iowa · 1861
- Williams v. SoutterSupreme Court of Iowa · 1858
- Hintermeister v. StateSupreme Court of Iowa · 1855
- McCrary v. CrandallSupreme Court of Iowa · 1855
- State v. PedenIndiana Supreme Court · 1830
3Cited by4 opinions
- State v. DuncanSupreme Court of Iowa · 1981
- State v. DillonSupreme Court of Iowa · 1888
- State v. UsherSupreme Court of Iowa · 1907
- State v. RaneySupreme Court of Iowa · 1929