State v. Shepard
Supreme Court of Iowa
Appeal from Fayette District Court. INDICTMENT for an. assault with a gun with intent to commit murder. The defendant was convicted of an assault, and appeals.
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Appeal from Fayette District Court. INDICTMENT for an. assault with a gun with intent to commit murder. The defendant was convicted of an assault, and appeals. The facts are fully presented in the opinion of the court. to the point that the District Court had no jurisdiction of the offense of which the defendant was convicted, cited constitution 1857, article 1, section 11, Laws Seventh General Assembly, p. 55. To the point that an intent to kill will not be presumed, from the probable consequences of an act which does not produce death, 2 Arch. Cr. Pr. and PI. 270, note 4, 272 note 2, 278; 3…
1Opinion of the CourtWoodward, J.
The defendant first moved that the in*128dictment be set aside because it was not marked, “filed,” by tlio clerk, and because it was not presented in tlio presence of the grand jury, nor filed in open court. It was properly indorsed by the foreman, and by the clerk in the following words: “presented in open court and filed in presence of the grand jury, this 27th day of May, A. D. 1858,” and signed by the clerk, These objections are answered by the case of The State v. Axt, 6 Iowa 511, from which it will appear that the indorsement is sufficient, and that the court properly overruled the motion.
A…
2Cases cited4 opinions
- State v. BenedictSupreme Court of Vermont · 1839
- Dixon v. StateSupreme Court of Iowa · 1856
- Hughes v. StateSupreme Court of Iowa · 1857
- State v. AxtSupreme Court of Iowa · 1858
3Cited by36 opinions
- In Re Detention of CubbageSupreme Court of Iowa · 2003
- People v. DoudMichigan Supreme Court · 1923
- Commonwealth v. HensonMassachusetts Supreme Judicial Court · 1970
- State v. DesoSupreme Court of Vermont · 1938
- Chapman v. StateSupreme Court of Alabama · 1885
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